SCOTUS Seeks Government View in Bayer Roundup Case
Reports Monday that “the US Supreme Court signaled interest in Bayer AG’s bid to stop thousands of lawsuits blaming its top-selling Roundup weedkiller for causing cancer, seeking the Trump administration’s view on whether to hear the company’s appeal of a $1.25 million verdict.”
Bayer contends a 2023 Missouri state-court jury that sided with a man who blamed Roundup for his cancer should not have weighed a claim that the company failed to properly warn consumers about the product’s health risks. Bayer says such claims are preempted by federal law, Bayer argues in its appeal that so-called ‘failure to warn’ claims brought in state court were precluded by the US Environmental Protection Agency’s decision not to force Bayer to put a cancer warning on Roundup. The company hopes a ruling in its favor would shield it from more cancer suits.
The Supreme Court directed its request for input to US Solicitor General D. John Sauer, the Trump administration’s top courtroom lawyer.
Once the solicitor general offers its views of the case, the Supreme Court would then decide on the petition during the 2025-2026 court session. If the case is accepted, the court could still decide on the merits of petition during the next session that ends in June 2026.
Bayer has paid about $10 billion to settle most of the Roundup lawsuits that were pending as of 2020 but failed to get a settlement covering future cases. Plaintiffs have said they developed non-Hodgkin’s lymphoma and other forms of cancer due to using Roundup, either at home or on the job.
Bayer contends a 2023 Missouri state-court jury that sided with a man who blamed Roundup for his cancer should not have weighed a claim that the company failed to properly warn consumers about the product’s health risks. Bayer says such claims are preempted by federal law, Bayer argues in its appeal that so-called ‘failure to warn’ claims brought in state court were precluded by the US Environmental Protection Agency’s decision not to force Bayer to put a cancer warning on Roundup. The company hopes a ruling in its favor would shield it from more cancer suits.
The Supreme Court directed its request for input to US Solicitor General D. John Sauer, the Trump administration’s top courtroom lawyer.
Once the solicitor general offers its views of the case, the Supreme Court would then decide on the petition during the 2025-2026 court session. If the case is accepted, the court could still decide on the merits of petition during the next session that ends in June 2026.
Bayer has paid about $10 billion to settle most of the Roundup lawsuits that were pending as of 2020 but failed to get a settlement covering future cases. Plaintiffs have said they developed non-Hodgkin’s lymphoma and other forms of cancer due to using Roundup, either at home or on the job.