Supreme Court Weighs State Failure-to-Warn Claims Over Glyphosate

The Supreme Court heard oral arguments on April 27, 2026 in Monsanto Company v. Durnell, asking whether the Federal Insecticide, Fungicide, and Rodenticide Act preempts state-law claims that Bayer failed to warn that Roundup may cause cancer.

The ConversationWashington ExaminerCommon DreamsLatin Times

EPA found no cancer link, Roundup unwarned; WHO’s IARC labeled glyphosate “probably carcinogenic” in 2015 and a 2025 rat study supported it. Lawsuits include an $80 million Hardeman verdict (2019) and a $1.25 million Missouri jury award to John Durnell (2023), upheld on appeal. Bayer has paid over $10 billion to settle 100,000 claims and offered a $7.25 billion settlement for suits.

The Conversation

Bayer, owning Monsanto, faces plaintiff John Durnell. Monsanto’s lawyer Paul Clement and deputy solicitor general Sarah Harris argue EPA preemption. Lee Zeldin signed the glyphosate executive order. Senators Cory Booker (D-NJ) and Ted Cruz (R-TX) champion opposing bills, while Rep. Chellie Pingree (D-ME) opposes the liability shield.

Latin Times

2009-2019: EPA found no cancer link; 2015: WHO IARC labeled glyphosate “probably carcinogenic”; 2018: Bayer acquired Monsanto; 2019: $80 million Hardeman verdict and Durnell sues; 2023: Missouri jury awards Durnell $1.25 million, upheld on appeal; Feb 2026: Trump executive order labels glyphosate essential; Apr 27 2026: Supreme Court hears case; Apr 2026: Cruz introduces liability-shield proposal; Jun 2026 (expected): Supreme Court decision.

Common Dreams

The decision will determine whether states can impose independent warning requirements when federal agencies have not, affecting thousands of pending glyphosate lawsuits and setting a preemption precedent for pharmaceuticals, medical devices, and other chemicals. It also influences agricultural practices and corporate liability.

Washington Examiner

Clement said EPA rules forbid adding warnings without approval; Harris said administration agrees federal law preempts suits; Zeldin said meeting with Bayer was brief; Roberts asked if states should retain a mechanism to alert when evidence emerges.

Latin Times

Senator Cory Booker called order a “liability shield for corporations.” Rep. Chellie Pingree said companies making people sick must be held accountable. Vani Hari warned that protecting corporations while claiming to make America healthy is contradictory.

Latin Times

EPA regulators maintain glyphosate is not carcinogenic, while WHO’s IARC and a 2025 rat study label it probably carcinogenic. Courts differ: Missouri appellate courts uphold state warnings, whereas Justice Department argues federal preemption blocks them.

The Conversation

• “a Missouri jury imposed a cancer-warning requirement that EPA does not require.” — Paul Clement, Monsanto lawyer

Latin Times

• “Do you understand the conflict of interest that is before the American people right now, Mr. Secretary?” — Alexandria Ocasio-Cortez, U.S. Representative (D-NY)

Latin Times

• “If a company's product makes people sick, that company should be held accountable,” — Chellie Pingree, U.S. Representative (D-ME)

Latin Times

The Supreme Court is expected to decide by June 2026, after which Congress may act on liability-shield bills.

The Conversation