The US Supreme Court has agreed to hear an appeal by German chemical company Bayer in a case related to its Roundup herbicide, which a plaintiff claims caused his blood cancer. The case, Monsanto Co. v. Durnell, centers on whether Bayer and other manufacturers can be held liable for failing to warn consumers about potential health risks associated with their products, even if they comply with federal regulations.
At the heart of the dispute is the issue of glyphosate, the main component of Roundup, which has been linked to cancer by some studies. The World Health Organization’s International Agency for Research on Cancer concluded in 2015 that glyphosate is “probably” carcinogenic to humans. However, the US Environmental Protection Agency (EPA) has determined that glyphosate is not likely to be carcinogenic to humans and has approved Roundup labels without cancer warnings.
Bayer, which acquired Monsanto in 2018, argues that it should not be held liable for failing to warn consumers about the potential risks of Roundup, as it has complied with EPA regulations. The company’s CEO, Bill Anderson, stated that “it is time for the US legal system to establish that companies should not be punished under state laws for complying with federal warning label requirements.”
The case originated in Missouri, where a court awarded plaintiff John Durnell $1.25 million in 2023 on a failure-to-warn claim. Bayer has since filed several appeals, ultimately petitioning the US Supreme Court to review the case in April 2025. The company is facing thousands of similar lawsuits related to Roundup, and has set aside over $10 billion to pay potential damages.
The Supreme Court’s decision to hear the case is significant, as it will have implications for the regulation of hazardous substances and the liability of manufacturers. The court is expected to deliver a verdict by July. The case highlights the ongoing debate over the safety of glyphosate and the need for clear regulations and warnings to protect consumers. Bayer’s appeal is seen as an attempt to clarify the responsibilities of manufacturers in ensuring the safety of their products, while also protecting themselves from liability.
