The U.S. Supreme Court recently announced an upcoming review of a Bayer Roundup case.
The court will hear the “Durnell” product-liability case, which Bayer says should address the split in authority among federal circuit courts on the application of federal preemption.
The Supreme Court previously called for the views of the Solicitor General, who submitted a brief in December on behalf of the United States Government agreeing with the company that the Court should hear the case, resolve the circuit split and rule in the company’s favor.
As previously reported on Brownfield, the question at the center of Durnell v. Monsanto was whether glyphosate manufacturers are liable under state law for “failure to warn” for allegedly causing cancer or other health risks when federal regulatory bodies have evaluated the product safety and determined their uses are safe.
In a statement, Bayer CEO Bill Anderson said, “It is time for the U.S. legal system to establish that companies should not be punished under state laws for complying with federal warning label requirements.”
Bayer says a decision is expected by June 2026.
