Roundup™ Litigation

Statement on Carson

On February 5, 2024, the Eleventh Circuit Court of Appeals decided in favor of the plaintiff in the Carson case and concluded that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt the plaintiff’s failure-to-warn claim. Our statement: 

“The Company disagrees with the decision by the three-judge panel, which contradicts U.S. Supreme Court precedent and Congress's objective of uniformity in pesticide labeling. The panel found the applicable Georgia common law is consistent with FIFRA and not preempted, despite the fact that the state-based claims brought under that law by Carson would require a cancer warning that is completely opposite of the EPA approved-label for these products. The Company is considering its legal options in this case and will continue to seek a ruling by the U.S. Supreme Court on federal preemption, which is a cross-cutting issue in this litigation.


“Bayer continues to stand fully behind its Roundup™ products, as the weight of scientific evidence and the conclusions of expert regulators worldwide continue to support the safety of glyphosate-based herbicides and that they are not carcinogenic.”





The Uniformity provision of FIFRA says that states may not enact any labeling or packaging standards that are “in addition to” or “different from” federal standards. The 11th Circuit panel found that as long as the standards (in their view, meaning the requirements in state and federal law) are the same, state law is not preempted. But the intent of Congress in drafting the Uniformity provision of FIFRA was to prevent states from imposing warnings that differ from what EPA requires which, among many issues, could cause confusion for consumers and create a burden on manufacturers. The 11th Circuit’s decision permitting Georgia to require a cancer warning on Roundup under its common law that is not preempted by FIFRA - as EPA requires no such warning based on its scientific findings - flies directly in the face of Congress’ intent in enacting the Uniformity provision into law.