On June 30, 2025, the United States Supreme Court invited the Solicitor General to submit the federal government’s views on whether it should hear Monsanto Co. v. Durnell, a case involving Bayer’s glyphosate-based herbicide, Roundup. The central legal issue concerns whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state failure-to-warn claims when product labeling complies with EPA standards.
Bayer petitioned the Court following a $1.25 million Missouri jury verdict in favor of John Durnell, who alleged Roundup exposure caused his non-Hodgkin lymphoma. The company argued that allowing state tort claims based on labeling challenges undermines the federal regulatory framework and creates inconsistent standards across jurisdictions.
Multiple federal and state courts remain split on this preemption question. The Third Circuit has found in favor of Bayer, while the Ninth and Eleventh Circuits, as well as Missouri appellate courts, have allowed such state claims to proceed. Bayer contends that resolving this split is necessary to ensure national uniformity in pesticide labeling.
The Supreme Court’s request for the Solicitor General’s opinion follows Bayer’s unsuccessful bid in earlier Roundup-related cases to obtain certiorari. The Court previously denied certiorari in a similar appeal from a California judgment.
Meanwhile, Bayer settled a separate Roundup case in Missouri state court just days into trial. The settlement amount was undisclosed. That trial had been expected to highlight internal company documents and scientific disputes surrounding glyphosate’s safety.
Over 67,000 Roundup-related lawsuits have been filed nationwide, and Bayer has resolved the majority through a $10+ billion settlement program. Nonetheless, new claims continue to emerge, particularly from plaintiffs not covered under earlier agreements.
A decision on whether the Court will hear Monsanto Co. v. Durnell is expected in its upcoming term. If certiorari is granted, the outcome may significantly impact the future of pesticide litigation and the extent of federal preemption under FIFRA.