Overview
- The justices granted review in Monsanto v. Durnell, a Missouri case that upheld a $1.25 million failure-to-warn verdict over Roundup.
- At issue is whether FIFRA and EPA-approved labeling preempt state-law claims when the agency has not required a cancer warning.
- Federal lawyers urged the court to hear the case and supported Bayer’s position that EPA determinations should control labeling requirements.
- Bayer faces tens of thousands of suits tied to glyphosate after IARC’s 2015 “probably carcinogenic” classification and has paid about $10 billion while reserving up to $16 billion.
- Arguments are expected in the spring with a decision by late June or early July, a ruling that could reshape litigation and labeling for consumer and farm uses.