Bayer may get a date before the Supreme Court where it can argue that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) preempts state laws that have allowed plaintiffs who claim Roundup caused their cancer to prevail in court. The 3rd U.S. Circuit Court of Appeals in Philadelphia recently ruled that since Pennsylvania’s state law requiring companies to warn consumers about their products is not “equivalent” to FIFRA’s regulations, it is preempted. The decision creates a split in federal appeals courts on the question of FIFRA preemption, making it more likely Bayer can persuade the Supreme Court to consider the matter. The court declined to do so in 2022, rejecting Bayer’s petitions to review 9th Circuit decisions against the company. Bayer has been debating in courts for years over the issue. More than 50,000 cases remain in state courts, as well as another 4,000 or so before U.S. District Judge Vincent Chhabria in the Northern District of California. The company says 114,000 of 172,000 cases have been “resolved or deemed to be ineligible.”