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Supreme Court Takes Up Bayer Bid to Limit Roundup Cancer Lawsuits

The justices will decide if EPA‑approved pesticide labels under federal law preempt state failure‑to‑warn claims.

Overview

  • The Court granted review on Jan. 16 in Monsanto v. Durnell, a Missouri case upholding a $1.25 million verdict for a man who developed non‑Hodgkin’s lymphoma.
  • The case tests whether the Federal Insecticide, Fungicide, and Rodenticide Act blocks label‑based failure‑to‑warn suits when EPA has not required a cancer warning on Roundup.
  • The U.S. Solicitor General urged review supporting Bayer, citing EPA findings that glyphosate is not likely carcinogenic and repeated approval of labels without cancer warnings.
  • A ruling could affect tens of thousands of claims and billions in potential liability, as Bayer has paid about $10 billion, reserved $16 billion, removed glyphosate from consumer Roundup, and kept it in agricultural products.
  • Arguments are expected in the spring with a decision likely by late June or early July.