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Supreme Court Takes Up Bayer Roundup Case on EPA Label Preemption

The justices will decide if federal pesticide labeling approvals block state failure-to-warn lawsuits.

Overview

  • The case stems from a 2023 St. Louis verdict awarding $1.25 million to plaintiff John Durnell for Bayer’s failure to warn about alleged cancer risks.
  • The U.S. Solicitor General urged the Court to grant review, signaling federal interest in settling the preemption question.
  • Arguments are expected in the spring with a decision likely by June or early July based on the Court’s usual schedule.
  • Bayer reports about 197,000 registered Roundup claims, says roughly 132,000 have been settled or did not meet criteria, and has spent or reserved more than $10 billion.
  • Bayer CEO Bill Anderson welcomed the review as a step toward regulatory clarity, while advocacy groups warned a pro-preemption ruling could limit access to state juries.