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Supreme Court Rules Federal Pesticide Law Preempts State Cancer Warning Requirements for Roundup
The 7-2 decision overturned a Missouri verdict against Bayer and blocks thousands of similar claims. It rests on EPA findings that glyphosate is unlikely to cause cancer when used as directed.
Jun 25, 10:33 AM·1m read19 sources
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The U.S. Supreme Court ruled 7-2 on June 25 that federal pesticide law preempts state-law failure-to-warn claims against Bayer over Roundup labels. The decision reversed a Missouri jury verdict that awarded $1.25 million to plaintiff John Durnell.
Durnell alleged he developed non-Hodgkin lymphoma after more than 20 years of Roundup use on neighborhood parks. His cancer is now in remission. The Court held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) bars state requirements for cancer warnings that differ from the EPA-approved label.
The EPA has classified glyphosate as "not likely to be carcinogenic to humans" when used as directed.
The ruling blocks thousands of similar failure-to-warn suits. Bayer acquired Roundup through its 2018 purchase of Monsanto and has faced roughly 200,000 claims. The company previously reserved $16 billion for settlements and proposed a $7.25 billion class settlement in February to address remaining and future cases.
Bayer CEO Bill Anderson said the decision "provides the regulatory clarity necessary for innovators like us to develop the agricultural tools that guarantee an affordable food supply." Agricultural groups said the ruling protects access to tools needed for food production.
Attorney Christopher Seeger, representing claimants in the proposed settlement, said the ruling "wrongly slams the courthouse door on Americans sickened by pesticides" but stated the settlement can still provide compensation. The decision leaves open other legal theories such as design-defect claims.
The World Health Organization's International Agency for Research on Cancer classified glyphosate as "probably carcinogenic to humans" in 2015. Durnell said he is considering filing a new case on different grounds. Bayer said it will continue seeking approval of the $7.25 billion settlement in Missouri state court.
The vessels' operators have not been publicly identified by the U.S. government.
