Supreme Court to Decide if EPA Approval Preempts Roundup Lawsuits
The Supreme Court will review Bayer's appeal seeking to block thousands of state lawsuits alleging Roundup's glyphosate caused cancer and was not adequately warned about.
Overview
The Supreme Court agreed to hear Bayer's appeal challenging state-court verdicts that award damages to plaintiffs claiming Roundup exposure caused non-Hodgkin lymphoma, including a $1.25 million Missouri verdict.
Central question: whether the federal pesticide law and EPA-approved Roundup labeling preempt state-law failure-to-warn claims, potentially barring tens of thousands of pending suits.
EPA has repeatedly found glyphosate unlikely to be carcinogenic when used properly, while some studies and WHO's 2015 agency classification linked glyphosate to cancer risk.
The Justice Department under the Trump administration urged the Court to take the case, reversing the prior administration's stance and aligning federal support with Bayer's argument.
Bayer has paid billions in settlements, set aside about $16 billion, faces roughly 181,000 claims, and warns it might withdraw glyphosate from U.S. agricultural markets if litigation continues.
Analysis
Center-leaning sources present a balanced, fact-focused account, juxtaposing EPA’s noncarcinogen assessment, Bayer’s $16 billion settlement reserve and CEO defense, jury verdicts and plaintiffs’ outcomes, and environmental-group protests. The report relies on official statements, court outcomes and agency findings, avoiding loaded language or selective omission that would signal editorial framing.
Sources (4)
FAQ
Whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law failure-to-warn claims when the EPA has approved Roundup labels without cancer warnings.
The EPA has repeatedly found glyphosate unlikely to be carcinogenic to humans when used properly and approved Roundup labels without cancer warnings, deeming such warnings scientifically unwarranted, false, and misleading.
Bayer faces roughly 181,000 claims and has paid billions in settlements, including agreements in nearly 100,000 lawsuits for approximately $11 billion as of May 2025, with $16 billion set aside.
Lower courts are divided: the Ninth Circuit has allowed claims to proceed, while the Eleventh and Third Circuits have ruled that federal pesticide labeling preempts state failure-to-warn claims.
The Justice Department, aligning with Bayer, urged the Court to hear the case and supports that FIFRA preempts the state claims, reversing a prior administration's stance.
History
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