Overview
- Bayer seeks review in Monsanto Co. v. Durnell after a Missouri verdict of $1.25 million was upheld, arguing that state warning claims conflict with federal pesticide law.
- The Justice Department brief says FIFRA preempts such claims because the EPA has repeatedly found glyphosate not likely to be carcinogenic and approved Roundup labels without cancer warnings.
- Bayer says most of the tens of thousands of pending Roundup cases rest on failure-to-warn theories, and a preemption ruling could eliminate a large share of them.
- Advocacy groups condemned the government’s position as limiting cancer patients’ access to courts, while Bayer welcomed the support as a step toward legal clarity.
- The Supreme Court has not decided whether to grant review, as Bayer’s shares jumped about 12% in Germany and the company pursues a plan to contain litigation by the end of 2026.