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Supreme Court Solicits View from Solicitor General on Roundup Weedkiller

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发表于 12-13-2021 09:25:00 | 显示全部楼层 |阅读模式
(1)
(a) Lawrence Hurley and Ludwig Burger, Supreme Court Asks US Government for Views on Bayer Weedkiller Case. Reuters, Dec
https://www.reuters.com/article/usa-court-roundup-idCNL1N2SY15A

Quote (five consecutive paragraphs:

Bayer "has argued that the cancer claims over Roundup and its active ingredient glyphosate go against sound science and product clearance from the U.S. Environmental Protection Agency. The EPA has upheld guidance that glyphosate is not carcinogenic and not a risk to public health when used as indicated on the label.

"Bayer has said it should not be penalized for marketing a product deemed safe by the EPA and on which the agency would not allow a cancer warning to be printed.

"The lawsuits against Bayer have said the company should have warned customers of the alleged cancer risk. Bayer wants the Supreme Court to find that the EPA label approval under a federal law called the Federal Insecticide, Fungicide and Rodenticide Act preempts the "failure to warn" claims brought under state law.

"Roundup-related lawsuits have dogged Bayer since it acquired the brand as part of its $63 billion purchase of agricultural seeds and pesticides maker Monsanto in 2018.

"Bayer struck a settlement deal in principle with plaintiffs in June 2020 but failed to win court approval for a separate agreement on how to handle future cases.

Note:
(i)
(A) The above quotation is from the original version, but the link is for "update 2. (At 12 noon today, Reuters has revised the article three times -- since 10 am EST -- including one more after the above link. However the legal significance lies in the quotation.
(B) Read excerpts only and then put the case aside. The court case (in Supreme Court) is ongoing, so there is no need to pay more attention. However, there SEEMS to be a trend.
(ii) Plaintiffs suing Bayer invoke law of various states, not federal law. They are in federal courts (as supposed to state courts), because Bayer is based outside the US.

(b) Bayer Halts Roundup [Settlement] Talks After US Supreme Court Inquiry. Bloomberg, Dec 13, 2021 (11 am EST).


(2) Mutual Pharmaceutical Co, Inc v Bartlett (2013) 570 US 472.
https://www.supremecourt.gov/opinions/boundvolumes/570bv.pdf
https://scholar.google.com/scholar_case?case=825697608298576166

Note:
(a) US stands for "United States Report" -- the official reporter of United States Supreme Court decisions. The 570 is volume number and 472, the starting page of the decision.
(b) The first link is to the United States Report in the Supreme Court's official website. Because there is no way to bookmark page 472, I supply the second link. Read the introduction and if you are intrigued, Parts I and II, both of which are short and about facts of the case.

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