Topline
On Thursday, the Supreme Court ruled in favor of Monsanto, previously an agrochemical giant, in a 7-2 decision. The case centered on whether the company should have warned consumers about potential dangers associated with its Roundup weed killer. This decision caused the shares of Bayer, Monsanto’s parent company, to surge Thursday morning.
Protesters gather at the US Supreme Court on April 27 in Washington, DC.
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Key Facts
The Supreme Court sided with Monsanto, now part of Bayer and no longer a separate entity, in the 7-2 decision. The case arose after John Durnell sued Monsanto, claiming that his non-Hodgkin’s lymphoma was caused by the company’s Roundup weedkiller.
Durnell argued in Missouri state court that Monsanto should have included a cancer warning on Roundup’s label, as required by state law.
Roundup contains the herbicide glyphosate, which the Environmental Protection Agency (EPA) has determined to be “unlikely to be a human carcinogen.” However, a World Health Organization group believes it to be “probably carcinogenic.”
Although a state court ruled in favor of Durnell, awarding him over $1 million, Monsanto appealed to the Supreme Court, arguing that federal law should supersede state law.
The Supreme Court concurred, declaring that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) overrides state law. Since FIFRA does not require a cancer warning on Roundup due to the EPA’s stance, Monsanto is not legally accountable.
Following the ruling, Bayer’s shares rose by more than 16% on Thursday morning.
What Does This Mean For Other Roundup Lawsuits?
Durnell’s case is among thousands filed against Monsanto and Bayer, alleging harmful effects from Roundup. Bloomberg reported that as of February, about 67,000 cases were still pending. Bayer had suggested that a favorable Supreme Court ruling might protect it from further lawsuits. The company also proposed a $7 billion settlement in February to address current and future claims. The Associated Press reported in April that those who developed cancer after using Roundup could still receive compensation from a settlement fund, even if the Supreme Court ruled in Bayer’s favor. These settlements might range from about $10,000 to $165,000, which is less than previous litigation payouts.
Chief Critics
Justices Neil Gorsuch and Ketanji Brown Jackson dissented, criticizing the decision as “remarkable and regrettable,” arguing it unfairly denies Durnell and others a chance to seek justice. Jackson, joined by Gorsuch, wrote that the majority misinterpreted the federal law, leaving Durnell without a remedy. Environmental advocates also criticized the ruling, with Tarah Heinzen, legal director at Food and Water Watch, calling it a “disaster for public health” and accusing the court of favoring corporations over individuals and the environment.
Surprising Fact
The glyphosate debate has caused a rift between President Donald Trump and the “Make America Healthy Again” (MAHA) coalition, which supports him and Health Secretary Robert F. Kennedy Jr. The Trump administration supported Bayer in the Supreme Court case and advocated for a ruling in its favor. Additionally, Trump signed an executive order in February to boost herbicide production, labeling it vital for national agricultural productivity. This move upset many MAHA supporters, who believe the herbicide is hazardous. NPR noted that some coalition members met with Trump to discuss their concerns. MAHA supporter Vani Hari, known as the “Food Babe,” expressed at an April rally, “You cannot tell Americans to eat real food while protecting the cancer-causing chemicals sprayed on it.”
Key Background
Monsanto introduced Roundup in 1974, and it quickly became a widely used pesticide. Glyphosate, the active ingredient, targets weeds without harming crops, saving farmers billions annually. The EPA approved glyphosate in the 1970s and has upheld its approval, but a 2015 WHO report suggesting it might be carcinogenic led to public concern and increased litigation. As Monsanto faced growing legal challenges, Bayer acquired the company in 2018 and retired the Monsanto name. Bayer has removed glyphosate from Roundup for residential use, citing litigation risk, though it asserts the herbicide is safe.
Further Reading
What to know about the battle over lawsuits alleging that Roundup weedkiller can cause cancer (Associated Press)
Bayer Eyes Deal to Pay More Than $7 Billion in Roundup Cases (Bloomberg)
The MAHA movement is mad about the weedkiller glyphosate and Trump’s EPA (NPR)
