The U.S. Supreme Court ruled Thursday in a 7-2 decision that chemical manufacturer Bayer cannot be sued at the state level over its failure to warn consumers of cancer risks from Roundup — an herbicide that was made with a chemical called glyphosate as its active ingredient.
The case involves a lawsuit filed by gardener John Durnell, who claimed decades of exposure to Roundup caused his non-Hodgkin lymphoma.
The U.S. EPA says glyphosate is safe, and the court said the absence of a warning label required by the EPA "pre-empts" the claim by Durnell.
Bob Thompson, president of the Michigan Farmers Union, expressed dismay over the ruling.
“Michigan farmers depend on safe and effective pesticides," he said. "The Supreme Court’s decision gives pesticide manufacturers protection while they actively risk the health of farmers across our state."
“Multinational chemical corporations are causing increased cancer risks for farmers and their families,” continued Thompson. “These companies should be using safer formulations, increasing their educational efforts, and helping to ensure safe and effective use of pesticides in our food production."
"At the very least, chemical companies should notify consumers of the risk of using their products so we can make informed decisions. With this ruling, the Supreme Court made it easier for these companies to get away scot-free while we suffer the health consequences," Thompson said.
Roundup was created by Monsanto in the 1970s. It remains one of the most popular weedkillers in the world, and its use is permitted even in the stricter regulatory environment of the EU. A 2015 report by the World Health Organization’s International Agency for Research on Cancer classified it as “probably carcinogenic to humans.”