Supreme Court to Consider Bayer’s Roundup Litigation Efforts

The U.S. Supreme Court has agreed to hear Bayer’s appeal concerning lawsuits alleging that its Roundup weedkiller causes cancer. The case could significantly limit these lawsuits and potentially avert billions of dollars in damages for the company.

The justices will review a lower court ruling related to a case brought by a man diagnosed with non-Hodgkin’s lymphoma after years of Roundup exposure.

Background of the Lawsuits

Bayer is facing approximately 65,000 similar claims in U.S. state and federal courts. Roundup is a widely used weedkiller in the United States. The Missouri Court of Appeals previously rejected Bayer’s argument that federal law governing pesticides prevents lawsuits based on state laws.

Bayer’s Argument and Government Support

Bayer contends that it cannot be sued under state law for failing to warn about a cancer risk if the U.S. Environmental Protection Agency (EPA) has not found such a risk and does not require a warning. The company argues that federal law restricts it from adding warnings beyond those approved by the EPA. The Trump administration, in December, urged the Supreme Court to hear the appeal, with U.S. Solicitor General D. John Sauer supporting Bayer’s interpretation of the law.

The Durnell Case

The case before the Supreme Court involves plaintiff John Durnell. The Missouri Court of Appeals upheld a $1.25 million verdict awarded to him by a St. Louis jury following his cancer diagnosis. Durnell’s lawyers had requested the Supreme Court decline Bayer’s appeal, arguing that he relied on Bayer’s advertising, which failed to warn of the product’s risks.

Settlements and Ongoing Litigation

Bayer has paid approximately $10 billion to settle many pending Roundup lawsuits as of 2020, but has not secured a settlement covering future cases. New lawsuits continue to be filed by plaintiffs claiming they developed non-Hodgkin’s lymphoma or other cancers due to Roundup use.

Bayer’s Position on Glyphosate

Bayer, which acquired Roundup through its $63 billion purchase of Monsanto in 2018, maintains that decades of studies demonstrate the safety of Roundup and its active ingredient, glyphosate, for human use. The EPA has repeatedly stated that glyphosate is not likely to be carcinogenic to humans and has approved Roundup labels without cancer warnings.

Previous Supreme Court Attempts and Trial Outcomes

Bayer previously sought Supreme Court review of Roundup litigation in 2022 but was denied. Since then, one federal appeals court has sided with the company, differing from other appeals courts. Bayer has had a mixed record in Roundup trials, achieving some victories but also facing substantial jury awards, including a $2.1 billion verdict in Georgia in 2025.

Potential Market Withdrawal

Bayer has indicated it may withdraw Roundup from the U.S. market if the litigation continues. The company has already replaced glyphosate with alternative weed-killing substances in U.S. consumer products.