Supreme Court Blocks Roundup Cancer Lawsuits

The U.S. Supreme Court ruled on June 25, 2024 that state courts cannot hold Bayer liable for failing to warn consumers about cancer risks associated with its Roundup weedkiller. The justices overturned a jury verdict in Missouri that awarded $1.25 million to John Durnell, who claimed non-Hodgkin's lymphoma from exposure to glyphosate, the active ingredient in Roundup.

The Court agreed with Bayer that federal law governing pesticides precludes failure-to-warn claims brought under state law. The ruling is expected to block thousands of similar lawsuits nationwide and centers on the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which governs pesticide labeling and bars states from imposing differing or additional requirements.

The case began in St. Louis, Missouri, where Durnell had used Roundup for decades before being diagnosed with non-Hodgkin lymphoma. He sued Monsanto under Missouri state law for not putting a warning label on its product. However, because the federal Environmental Protection Agency (EPA) found no cancer risk in its assessment of Roundup, the court ruled against Durnell.

Bayer shares jumped nearly 18 percent following the Supreme Court's ruling. The company had faced over 100,000 lawsuits alleging a cancer link from glyphosate exposure after acquiring Roundup as part of its $63 billion purchase of agrochemical company Monsanto in 2018.

Environmental activists criticized the ruling, with Tarah Heinzen of Food and Water Watch calling it a disaster for public health. Kelly Ryerson, co-executive director of American Regeneration and an activist known as 'The Glyphosate Girl,' warned that the decision would perpetuate chronic disease epidemics.

The Trump administration backed Bayer in this case, which is seen as a victory for them but may be politically tricky due to opposition from the 'Make America Healthy Again' movement. The Supreme Court's decision was made in a 7-2 vote, with Justice Brett Kavanaugh offering the majority opinion and justiceKetanji Brown Jackson writing the dissenting opinion, joined by justice Neil Gorsuch.

Reporter Nate Halverson, who has been documenting health and environmental harms allegedly linked to Roundup, revealed that scientific studies cited by the EPA in its Roundup assessment were 'ghostwritten' by Monsanto itself. This ghostwritten information has now made its way into the Supreme Court’s decision.