Overview
- U.S. Solicitor General D. John Sauer asked the justices to take Bayer’s appeal, arguing that FIFRA bars state-law claims where the EPA has approved Roundup labels without cancer warnings.
- The petition arises from a Missouri case upholding a $1.25 million verdict for plaintiff John Durnell, which Bayer says conflicts with federal labeling authority.
- Bayer says a preemption ruling could resolve tens of thousands of lawsuits and provide regulatory clarity after years of mixed trial outcomes and roughly $10 billion in settlements.
- Regulators and courts remain divided on glyphosate’s risks, with the EPA finding it not likely carcinogenic as IARC labeled it probably carcinogenic and the Ninth Circuit in 2022 faulted EPA’s assessment.
- Bayer welcomed the DOJ brief as plaintiff lawyers urged the Court to reject review and advocacy groups denounced the filing, while Bayer’s shares jumped about 12% on the news; the Court has not decided whether to hear the case.