Particle.news
Download on the App Store

Supreme Court Takes Up Bayer Roundup Case on EPA Preemption

The justices will decide whether EPA-approved labels preempt state failure-to-warn claims.

Overview

  • The case stems from an October 2023 St. Louis verdict awarding $1.25 million to plaintiff John Durnell after a jury found Bayer failed to warn about cancer risks.
  • The U.S. Solicitor General recently urged the Court to grant review, signaling federal interest in a uniform rule.
  • Bayer notes the EPA approved Roundup’s label without a cancer warning and argues state-law failure-to-warn suits should not proceed.
  • Bayer reports roughly 197,000 filed glyphosate claims, about 132,000 of which were settled or excluded as of Oct. 15, and it has increased litigation reserves.
  • Oral arguments are expected in the spring with a decision possibly by June or early July, and Bayer says the review could offer regulatory clarity for U.S. farmers.