Bayer Faces Reinstated Roundup Cancer Lawsuit Over Warnings (1)

A Roundup herbicide user’s claim under Georgia law that Bayer AG failed to warn him of cancer risks is consistent with federal law, the Eleventh Circuit said Tuesday in reinstating the suit.

The Federal Insecticide, Fungicide, and Rodenticide Act doesn’t preempt the claim as exceeding its own requirements, Judge Gerald Bard Tjoflat said for the federal appeals court. The “Georgia law failure to warn claim, if anything, imposes less of a duty on Monsanto than the FIFRA statute does,” Tjoflat said.

And the Environmental Protection Agency’s registration process, which resulted in the registration of Roundup and other glyphosate-based pesticides, lacks ...