Bayer

Supreme Court Sides with Bayer in Landmark Roundup Labeling Case

Round Up

The U.S. Supreme Court has handed Bayer-owned Monsanto a major legal victory in a decision that could reshape future pesticide litigation in the United States.

In a 7-2 ruling, the Court found that federal law prevents states from allowing failure-to-warn lawsuits against pesticide manufacturers when the U.S. Environmental Protection Agency (EPA) has approved a product’s label without requiring additional warnings. The case centered on Roundup, the widely used glyphosate-based herbicide.

The decision does not determine whether glyphosate causes cancer. Instead, the Court ruled that because the EPA has repeatedly concluded glyphosate is not likely to be carcinogenic when used according to label directions and has not required a cancer warning, state law cannot be used to impose different labeling requirements through civil lawsuits.

Agricultural organizations, including the American Farm Bureau Federation, National Corn Growers Association, American Soybean Association, National Cotton Council, Florida Fruit & Vegetable Association and others, had urged the Supreme Court to rule in Monsanto’s favor, arguing that conflicting state labeling requirements would create regulatory uncertainty and threaten growers’ access to important crop protection tools.

Glyphosate remains one of the most widely used herbicides in American agriculture, including throughout the Southeast, where growers rely on it in crops such as cotton, peanuts, soybeans, corn, citrus, and other specialty crops. Farm groups say the herbicide plays an important role in effective weed management and conservation practices like reduced tillage.

Environmental and consumer advocacy groups criticized the decision, arguing it limits the ability of individuals to bring failure-to-warn claims against pesticide manufacturers. They say they will continue pushing for additional regulatory reviews of glyphosate at both the federal and state levels.

While the ruling is expected to significantly reduce future failure-to-warn lawsuits involving Roundup, it does not change the EPA’s ongoing authority to review glyphosate’s safety or alter current pesticide label requirements.