Calif. Tells 9th Circ. EPA Opinion Can't Nix $25M Bayer Verdict

Law360 (March 24, 2020, 5:01 PM EDT) -- California asked the Ninth Circuit to reject Bayer AG's effort to overturn a $25 million verdict in favor of a man who claims the company's Roundup herbicide caused his cancer, saying state warning requirements were not preempted by federal law.

The state on Monday said its requirement that businesses include a cancer warning for products with glyphosate, the active ingredient in Roundup, does not interfere with the Federal Insecticide, Fungicide, and Rodenticide Act. Even if the U.S. Environmental Protection Agency has approved the sale of glyphosate, that doesn't mean California's rules are preempted, the state said.

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