LEVERKUSEN (dpa-AFX) - Bayer announced that the U.S. Supreme Court has agreed to review the Durnell case in the ongoing Roundup litigation. The Court's decision follows a petition filed by Monsanto in April 2025, seeking resolution of a split among federal circuit courts over the application of federal preemption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). A ruling on the merits is expected during the Court's 2026 session, which concludes in June.
The Supreme Court had previously requested the views of the Solicitor General, who in December submitted a brief supporting review. Solicitor General John Sauer argued that allowing the Durnell verdict to stand would undermine the U.S. Environmental Protection Agency's scientific determinations on glyphosate safety and create inconsistent labeling requirements across states. He emphasized that EPA has repeatedly concluded glyphosate is not likely carcinogenic in humans and approved Roundup labels without cancer warnings.
Bayer's petition highlights conflicting rulings across jurisdictions. While the Third Circuit held in Schaffner that FIFRA expressly preempts state failure-to-warn claims, the Ninth and Eleventh Circuits, along with Missouri's intermediate appellate court, reached different conclusions. The company contends that only the Supreme Court can provide clarity.
The Durnell case originated in Missouri, where a jury in 2023 awarded $1.25 million to the plaintiff on a single claim of failure to warn, rejecting other claims and punitive damages. The verdict was upheld by the Missouri Court of Appeals in February 2025. After the Missouri Supreme Court declined review, Monsanto filed its petition for certiorari, leading to the current Supreme Court review.
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