Bayer petitions SUPCO for review


Bayer petitions SUPCO for review

Bayer – through its subsidiary Monsanto – has filed a petition with the U.S. Supreme Court for review of a Roundup court decision.

The petition urges the court to review the Ninth Circuit Court of Appeals decision in the Hardeman case, the only Roundup federal product liability case to have gone to trial.

Bayer claims the state-law “failure-to-warn” claims at the center of the case are preempted by federal law, as the U.S. government has argued.

And, Bayer says expert testimony in that case was outside federal standards which allowed unsupported testimony on Roundup’s safety.

Bayer’s petition argues that the Ninth Circuit’s mistakes mean a company can be punished for marketing a product without a cancer warning when it’s scientifically proven the product does not cause cancer.