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9th Circuit Affirms Plaintiff s Judgment in Bellwether Roundup Lawsuit

Agriculture your username 7 hours ago The Ninth Circuit affirmed a Roundup herbicide judgment on Friday in favor of the plaintiff, Edwin Hardeman, in a bellwether trial lawsuit. The panel held that the California Northern District Court properly ruled that the carcinogenic risk of glyphosate, the active ingredient, was known at the time the plaintiff was using Roundup.  The court unanimously determined that the plaintiff’s failure to warn allegations are not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and that the laws are equivalent and consistent. The court added, “because Monsanto could comply with both FIFRA and California law, FIFRA did not impliedly preempt Hardeman’s state failure-to-warn claims.” 

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