"An Oregon appeals court on Wednesday overturned a trial victory by Monsanto owner Bayer AG in a decision that adds to an ongoing debate over the company’s efforts to create a nationwide legal and legislative shield from lawsuits alleging Roundup weed killer causes cancer.
The court found that the trial judge in the case improperly barred key evidence about the US Environmental Protection Agency (EPA) from being presented to the jury, which could have led the jury to find in favor of the plaintiff. And, notably, the court rejected arguments by the company that claims about the dangers of its products should be barred because those products carry the EPA’s stamp of approval.
Other courts have similarly rejected so-called “preemption” arguments by Bayer, which bought Monsanto in 2018. But after failing to get court backing, Bayer has been pushing state and federal lawmakers to give it and other pesticide makers the protection the courts have rejected. A proposed measure is being considered by lawmakers for inclusion in the US Farm Bill. Monsanto unsuccessfully argued to the appeals court that the case never should have even gone to a jury because the claims should have been preempted."