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U.S. Supreme Court delays decision in hearing Bayer’s Roundup appeal

The appeal was part of Bayer’s plan to nix Roundup cancer cases

The U.S. Supreme Court has delayed a move by Bayer to dismiss a $25-million award in Hardeman v. Monsanto Co. to Edwin Hardeman, a California man who blamed Roundup herbicide for giving him cancer. The Court made no mention of the case on a pending appeal list it released on June 13. The appeal was part of Bayer's plan to resolve billions of dollars of claims against Roundup and its active ingredient glyphosate.

Bayer issued this statement following the Court’s action.

“There was no decision on the Hardeman petition on today’s Supreme Court order list.  We expect a decision to be made on the petition at a later conference.”

A California jury initially ruled against Bayer in Hardeman v. Monsanto Co. in March 2019.

Since then, Bayer announced plans to replace all glyphosate-based products in the United States residential market (lawn and garden) with non-glyphosate alternatives starting in 2023. Farmers, though, will be able to continue to use Bayer's glyphosate (the active ingredient in Roundup brands), said Bayer officials. 

Although Bayer lost several initial glyphosate/cancer cases, it has since won three consecutive cases. The most recent was in early June in Shelton v. Monsanto, in which the plaintiff Allan Shelton charged that Roundup (which contains the active ingredient glyphosate) caused his cancer.

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