German chemical giant Bayer has lost another case in the legal battle over pesticide Roundup.

The U.S. Court of Appeal in San Francisco declined to overturn a 2019 decision stating that the drug is carcinogenic.

That could encourage more people to file a claim against Bayer.

Thousands of claims have been filed against Bayer in recent years and the company is seeking to settle them for $ 11 billion.

Bayer hoped with a positive judgment that it could undermine a lot of that current affairs.

In the appeal, Bayer argued that the authority to regulate the labeling of herbicides rests with the United States Environmental Protection Agency.

As a result, states individually are not allowed to impose requirements that deviate from the federal requirements.

According to the company, the 2019 verdict was wrongly based on a California law that requires Bayer to warn consumers about the cancer risk.

$ 25 million in damages

The plaintiff in that case testified that he used Roundup on his land for years.

The exposure is said to have caused a rare form of lymphoma.

The jurors awarded the man more than $ 80 million, which was later reduced by the judge to $ 25 million.

That amount was confirmed by the court of appeal.

The lawsuit was the second of three Roundup lawsuits that Bayer lost in 2018 and 2019 with an average award of nearly $ 50 million per plaintiff.

Bayer was given the Roundup issue as a legacy of the earlier takeover of the American Monsanto. The company itself has always said the weed killer is safe. Studies and health authorities have ruled that glyphosate, the active ingredient in Roundup, is not carcinogenic to humans. Roundup is also still for sale in the Netherlands.