The Supreme Court has agreed to hear an appeal from Bayer, a global agrochemical manufacturer, concerning thousands of state lawsuits. These lawsuits allege that Bayer failed to warn consumers about the potential link between its Roundup weedkiller and cancer.
The Court will examine whether the Environmental Protection Agency's (EPA) approval of Roundup without a cancer warning should prevent state court claims. The Trump administration previously supported Bayer's position, a stance that differs from the Biden administration's approach and has caused disagreement among some proponents of the "Make America Healthy Again" agenda.
Some research indicates an association between glyphosate, Roundup's main ingredient, and cancer. However, the EPA has stated that glyphosate is unlikely to be carcinogenic to humans when used as directed.
Bayer disputes the cancer allegations and has allocated $16 billion to settle existing cases. Concurrently, the company has sought to influence states to enact laws prohibiting such lawsuits, with Georgia and North Dakota having already done so.
The specific case the high court will review originates from Missouri. In this case, a jury awarded $1.25 million to an individual who developed non-Hodgkin’s lymphoma after applying Roundup in a community garden in St. Louis.
In 2022, the Supreme Court declined to review a similar appeal from Bayer related to a California case, which resulted in an award of over $86 million to a married couple. However, Bayer, which acquired Monsanto (Roundup's original maker) in 2018, argues for the Supreme Court's intervention now due to conflicting rulings by lower courts, including a 2024 decision by the 3rd U.S. Circuit Court of Appeals in Bayer’s favor.
Bayer faces approximately 181,000 Roundup-related claims, predominantly from residential users. The company has ceased using glyphosate in Roundup products sold for residential lawn and garden use in the U.S. However, glyphosate remains an ingredient in agricultural products, designed for use with genetically modified seeds (e.g., corn, soybeans, cotton) that are resistant to the weedkiller. This application supports increased agricultural production and soil conservation through reduced tilling.
Bayer has indicated that it might consider withdrawing glyphosate from U.S. agricultural markets if the lawsuits persist. Bayer CEO Bill Anderson stated, "It is time for the U.S. legal system to establish that companies should not be punished under state laws for complying with federal warning label requirements."
Environmental organizations have commented that Bayer's objective is to prevent juries from hearing these lawsuits, citing the company's track record of losses in state courts. Lori Ann Burd, environmental health director at the Center for Biological Diversity, remarked on the potential impact on Roundup users suffering from cancer.
The timeline for arguments in this case, whether in the spring or at the start of the next court term in October, remains undetermined.