* Bayer shares gain following court's 7-2 decision
* Consumers sued over cancer they attribute to Roundup
* Bayer says state law claims preempted by federal law
* Trump administration backed Bayer in the case
By Andrew Chung
WASHINGTON, June 25 (Reuters) - The U.S. Supreme Court
reined in thousands of lawsuits pursued in state courts accusing
Bayer of failing to warn users that the active
ingredient in its Roundup weedkiller causes cancer, handing a
major legal victory on Thursday to the German company.
The justices in a 7-2 decision overturned a jury verdict in
Missouri awarding $1.25 million to a man named John Durnell who
said he was diagnosed with non-Hodgkin lymphoma after years of
exposure to glyphosate in Roundup. The Supreme Court agreed with
Bayer that a U.S. law that governs pesticides precludes
failure-to-warn claims that are brought under state law from
moving forward in court.
Bayer shares were up about 16% in the wake of the decision.
President Donald Trump's administration backed Bayer in the
case.
Conservative Justice Brett Kavanaugh, who authored the
ruling, said the U.S. Environmental Protection Agency, or EPA,
has concluded glyphosate does not cause cancer and has not
required a cancer warning on Roundup.
The law preempts Durnell's claim because it "would require
Monsanto to add a cancer warning to Roundup's label even though
federal law requires Monsanto to use the EPA-approved label
without a cancer warning," Kavanaugh wrote.
Liberal Justice Ketanji Brown Jackson, in a dissent joined
by conservative Justice Neil Gorsuch, said that Durnell's claim
would impose equivalent labeling requirements on Monsanto that
the federal law requires and so should not be preempted.
Jackson called the ruling "remarkable and regrettable, for
it unjustifiably closes the courthouse doors to state tort
plaintiffs like Durnell."
Bayer acquired Roundup as part of its $63 billion purchase
of agrochemical company Monsanto in 2018. More than 100,000
plaintiffs have filed cases in U.S. state and federal courts
alleging a cancer link, and the German drugmaking and crop
science company had said that the lawsuits could threaten its
ability to supply the herbicide to farmers.
The torrent of litigation already prompted Bayer to remove
glyphosate from its consumer version of Roundup. Bayer said
before the Supreme Court ruled that a decision in its favor
could largely end the Roundup litigation.
Bayer CEO Bill Anderson praised the decision, saying it is
good for American farmers.
"This litigation has enormous costs for the company and has
impacted public trust. The decision brings overdue justice on an
issue that should have been clarified much earlier. It's time to
put it behind us," Anderson said.
Bayer's shares before Thursday's gains had been down just
over 50% since the company acquired Monsanto.
The company emphasized throughout the litigation that the
EPA repeatedly found that glyphosate does not cause cancer and
approved its product labels without a warning.
Facing billions of dollars in potential liability, Bayer
announced in February a proposed $7.25 billion settlement to
resolve tens of thousands of current and future lawsuits. The
settlement would not affect claims that stem from pending
appeals or that fall outside the deal, according to the company.
Those amount to nearly $1 billion, it said.
'A DISASTER FOR PUBLIC HEALTH'
Environmental activists and others criticized the court's
ruling on Thursday.
"Once again, the Supreme Court has sided with big business
over people and the environment. Today's ruling is a disaster
for public health," said Tarah Heinzen, legal director at the
advocacy group Food and Water Watch.
"The harm from this decision will perpetuate our cancer,
infertility and general chronic disease epidemic for generations
to come," said Kelly Ryerson, co-executive director of advocacy
group American Regeneration and a Make America Healthy Again
activist who posts on social media under the moniker "The
Glyphosate Girl."
The sprawling dispute centers on a U.S. law called the
Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA,
that governs the sale and labeling of pesticides and bars states
from imposing differing or additional requirements.
The measure prohibits pesticides that are "misbranded" with
labels that lack an adequate warning to protect health and the
environment.
Bayer has argued that Durnell's claims are preempted by this
law. The EPA has repeatedly approved labels without such a
cancer warning, demonstrating that these products are not
misbranded, the company said, adding that labels cannot be
substantially changed without the agency's approval.
Durnell's lawyers said that despite the EPA's registration
of Roundup, the label may still be challenged as misbranded.
They also said Durnell's claims are not preempted because
Missouri state law that requires products to adequately warn of
dangers imposes the same requirements as FIFRA's prohibition on
misbranding.
'A NEW ERA'
Union Investment fund manager Markus Manns called Thursday's
ruling a significant milestone for Bayer, adding that a decade
after the Monsanto acquisition, the company is "entering a new
era."
"While future lawsuits are not entirely off the table, they
will become considerably more difficult. A final breakthrough
would come if the settlement is accepted by the plaintiffs and
approved by the competent court in July. This would bring
Bayer's glyphosate litigation chapter to a definitive close,
allowing management to fully refocus on operational and
strategic matters," Manns said.
Durnell sued Monsanto in Missouri state court in 2019,
claiming it failed to warn users of the dangers associated with
Roundup and glyphosate.
He was diagnosed with a rare and often aggressive form of
non-Hodgkin lymphoma, a cancer that starts in the white blood
cells, and attributed the disease to his exposure to Roundup
starting in 1996. For about 20 years he was the "spray guy" for
a neighborhood association in St. Louis, killing weeds at local
parks without protective equipment, according to court papers.
A jury sided with Durnell in 2023, and in 2025 a state
appeals court upheld that verdict.