9th Circ. Won't Wipe Out $25M Roundup Verdict

Law360 (May 14, 2021, 9:42 PM EDT) -- The Ninth Circuit dealt a setback to Monsanto on Friday when a panel upheld a $25 million judgment in the first bellwether trial in multidistrict litigation over claims that the company's Roundup weedkiller causes cancer, saying failure-to-warn claims are not blocked by federal law.

The panel said in a unanimous published opinion that Edwin Hardeman's California state failure-to-warn claims are not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act because the laws' requirements are mutually consistent. Under FIFRA, a pesticide label must bear a warning "adequate to protect health and environment" in order to avoid being labeled misbranded in violation of...

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