The Supreme Court denied an appeal this week from Bayer that could have ended thousands of lawsuits against its product, Roundup. Bayer told the court that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) says federal law pre-empts state regulations for different product labels, but the court disagreed.
Bayer shared in a statement that they believe the court’s decision undermines the ability of companies to depend on regulatory agency actions. Several farm groups have also opposed a solicitor general’s brief, saying it did not incorporate science-based evidence. The ruling will not affect the availability of the herbicide, and Bayer has claimed they have developed a plan to keep its product safe and effective for its users while managing any future litigation.
