Supreme Court Could Decide Fate of Monsanto/Bayer RoundUp Cancer Suits

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Scientists, Ex-EPA executive, anti-glyphosate activist offer clashing opinions in interviews with The Epoch Times

On Dec. 13, the Supreme Court asked the Solicitor General to offer the United States’ views on “Monsanto vs. Hardeman”—the latest move in what could be a landmark case for multibillion-dollar litigation linking the herbicide RoundUp to non-Hodgkin’s lymphoma, if the Supreme Court agrees to review the case.

After a call for the views of the solicitor general, that Justice Department official will often respond with a brief commenting on whether the Supreme Court should agree to review the case. The Epoch Times has reached out to the Solicitor General for comment.

Monsanto, which was acquired by the German chemical company Bayer in 2018, filed its petition after a Ninth Circuit panel ruled in favor of California resident Edwin Hardeman, who claimed his non-Hodgkin’s lymphoma resulted from exposure to RoundUp.

Ninth Circuit Judge Ryan D. Nelson, a Trump appointee, found that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) did not preempt California’s law, under which RoundUp and other products containing glyphosate must feature warnings about that ingredient’s reported cancer risk.

While the state of California maintains that glyphosate is carcinogenic, the U.S. Environmental Protection Agency (EPA), which enforces FIFRA, maintains glyphosate is not likely to cause cancer in humans.

Monsanto’s petition to the Supreme Court challenges the Ninth Circuit’s ruling on preemption. It also argues that the Ninth Circuit admitted low-quality expert opinions on glyphosate and cancer, deviating from the practices of other appellate courts and violating Federal Rule of Evidence 702.

Monsanto specifically disputes Dr. Dennis Weisenburger’s testimony that Hardeman’s non-Hodgkin’s lymphoma was caused by glyphosate and not linked to his earlier diagnosis of Hepatitis C, known to be associated with non-Hodgkin’s lymphoma.

The Epoch Times has reached out to Dr. Weisenburger for comment.

By Nathan Worcester

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