The US Supreme Court let stand an $87 million award against Bayer AG, rejecting the company for the second time in a week as it tries to fend off tens of thousands of claims that its top-selling Roundup weedkiller causes cancer. The justices, making no comment, on Monday left in place a jury's finding in favor of Alva and Alberta Pilliod in a California case. Bayer argued that a federal law precluded the suit and that the $70 million punitive damages award was so large it violated the Constitution. The court last week rejected Bayer's appeal in a case the company was trying to use to scuttle billions of dollars in potential claims. The company's liability could be the full $16 billion it has set aside to resolve the litigation, according to Bloomberg Intelligence analyst Holly Froum. Earlier this month, a federal appeals court ordered the US Environmental Protection Agency to take another look at whether glyphosate - Roundup's active ingredient - is a carcinogen. Studies have linked it to some cancers. The German chemicals giant said it "is fully prepared to manage the litigation risk associated with potential future claims in the US as previously communicated in July 2021, including a voluntary claims program, transition of active ingredients for glyphosate-based products in the US." Bayer inherited the legal mess in 2018 when it acquired Monsanto Co., the herbicide's maker. Bayer has won four of seven Roundup trials so far, with all its losses occurring in California courts. The case is Monsanto v. Pilliod, 21-1272.
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