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| Thousands of customers are suing Bayer for its weedkiller, Roundup, allegedly causing cancer. |
The U.S. Supreme Court must decide whether Bayer’s failure to
provide a warning label on their product is illegal.
The federal government and Environmental Protection Agency
determined Roundup is safe for use, and the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) “prohibits states from imposing different or additional
warnings from those required under the federal law,” the reporters explain.
The World Health Organization’s International Agency for Research
on Cancer classified glyphosate, the main ingredient in Roundup, as “probably
carcinogenic to humans” in 2015, though the EPA and federal government claim
it isn’t.
The plaintiffs argue that Bayer should take extra steps to
warn consumers of the risks the herbicide might pose, the reporters add.
While states can pull products from the market, Justice Neil
Gorsuch questioned why they can’t hold companies liable for failure to warn customers, the Journal reports.
Bayer continues to argue that federal law is created to provide uniformity in the labeling of herbicides. The reporters add that Justice Brett
Kavanaugh asked, “If the label is illegal in one state and legal in another
state, that’s uniformity?”

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