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State appeals court upheld $ 86.2 million in damages to northern California couple who developed cancer after spraying Monsanto’s Roundup, the world’s most widely used herbicide , in their gardens for 30 years.
The verdict in favor of Alva and Alberta Pilliod, which found Monsanto guilty of knowingly marketing a dangerous product, was the third to be upheld by an appeals court, the San Francisco Chronicle reported on Monday.
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In a 2-1 decision, the San Francisco First District Court of Appeals said that despite the approval of Roundup by federal regulators, jurors were entitled to conclude that Monsanto knew the active ingredient in herbicide, glyphosate, could be dangerous and did not warn the couple. from Livermore.
“Evidence shows Monsanto’s uncompromising reluctance to educate the public about the carcinogenic dangers of a product it makes abundantly available in hardware and garden centers across the country,” Justice Marla Miller said in the majority opinion. .
Dissenting judge James Richman did not dispute Monsanto’s responsibility for the Pilliods illnesses, but said the evidence did not show the company was aware of the dangers.
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The move comes less than two weeks after Monsanto’s parent company, Bayer, announced it would stop selling the current version of Roundup for the home and garden in U.S. stores, starting in 2023.
Bayer said it would replace the main ingredient in the herbicide, glyphosate, with an unspecified active ingredient, subject to federal and state approval, while continuing to sell Roundup with glyphosate for agricultural use.
The International Agency for Research on Cancer, a branch of the World Health Organization, classified glyphosate as a probable cause of cancer in humans in 2015. The United States Environmental Protection Agency and most regulatory bodies in Europe claim that it can be used safely.
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The appeals court said there was evidence, which the jury was entitled to believe, that Monsanto had not conducted appropriate studies for the EPA on the safety of the herbicide and that scientists company had “shadow” reports on behalf of so-called independent researchers.
In a statement released on Monday, Bayer said it disagreed with the decision and was considering its options.
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“We continue to be a strong advocate for the safety of Roundup, a position backed by four decades of in-depth science and assessments from leading health regulators around the world who support its safe use,” the company said.
Bayer has agreed to pay $ 10 billion to settle thousands of lawsuits that have already been filed in state and federal courts.
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