Jean Luc and Peter Mingils talk about what is happening with the upcoming Supreme Court decision about immunity from pesticide lawsuits
This episode is about Supreme Court’s Pending Decision on Pesticide Immunity.
A Turning Point for Monsanto and Bayer?On January 16, 2026, the U.S. Supreme Court announced it would review Monsanto Company v. Durnell, a case that could grant broad immunity to pesticide manufacturers from state-level lawsuits.
This decision comes amid thousands of ongoing claims against Bayer AG, which acquired Monsanto in 2018, alleging that the popular weedkiller Roundup causes cancer, particularly non-Hodgkin lymphoma. With Bayer already having paid out approximately $11 billion in settlements for nearly 100,000 cases as of mid-2025, the high court’s ruling could either shield the company from further liability or open the floodgates for more litigation.
lawsuit-information-center.comThe lawsuits stem from Roundup’s active ingredient, glyphosate, which the World Health Organization’s International Agency for Research on Cancer classified as “probably carcinogenic to humans” in 2015. Plaintiffs argue that Monsanto failed to warn users about these risks on product labels, despite internal documents suggesting the company knew of potential dangers but downplayed them. High-profile verdicts, like the $1.25 million award upheld in the Durnell case by the Missouri Court of Appeals, have fueled the litigation wave.
Bayer maintains that glyphosate is safe when used as directed, pointing to approvals from the U.S. Environmental Protection Agency (EPA) and other regulators worldwide. However, juries in multiple states have sided with plaintiffs, awarding billions in damages before reductions on appeal.At the heart of the Supreme Court case is the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), a 1947 law that governs pesticide registration and labeling in the U.S.
Bayer argues that FIFRA preempts state failure-to-warn claims. Under this doctrine, if the EPA approves a pesticide’s label without requiring a cancer warning—as it has repeatedly done for Roundup—states cannot impose additional warning requirements through tort lawsuits. This preemption would effectively immunize companies from claims based on labeling omissions, as federal law would override conflicting state actions. Bayer’s position is bolstered by a circuit split among federal appeals courts: the Eleventh Circuit has ruled in favor of preemption, while the Ninth and Third Circuits have allowed such claims to proceed, creating legal uncertainty that the Supreme Court may now resolve.
Proponents of immunity, including Bayer and some agricultural groups, contend that uniform federal regulation is essential for the pesticide industry. Without preemption, companies could face a patchwork of state laws, leading to inconsistent labeling and stifling innovation in crop protection. The EPA’s rigorous review process, they say, already ensures safety, and overriding it with state juries could undermine scientific assessments. In December 2025, the U.S. Solicitor General filed a brief supporting Supreme Court review, echoing concerns that conflicting court rulings disrupt national pesticide policy.
Bayer has actively pursued this strategy, viewing a favorable ruling as a way to “largely end the Roundup litigation,” according to company statements.Opponents, including plaintiffs’ attorneys, environmental advocates, and public health groups, argue that FIFRA preemption would strip victims of recourse and prioritize corporate profits over safety. They point out that the EPA’s approvals rely heavily on industry-submitted data, which may not fully capture long-term risks. State tort laws, they assert, serve as a critical check on federal regulators, especially when new evidence emerges post-approval. For instance, studies linking glyphosate to cancer have proliferated since Roundup’s initial EPA greenlight in the 1970s. Allowing preemption could set a dangerous precedent, immunizing not just Bayer but other pesticide makers from accountability for products like neonicotinoids or dicamba, which have faced similar scrutiny for environmental and health impacts.
Critics also highlight Bayer’s lobbying efforts, including calls for congressional protection, as evidence of an attempt to evade jury verdicts.
The implications of the Supreme Court’s decision, expected in the 2025-2026 term, are profound. A ruling for Bayer could halt remaining lawsuits—estimated at over 50,000, and save the company billions, potentially stabilizing its stock after years of volatility. Conversely, rejecting preemption would affirm states’ rights to regulate warnings, encouraging more claims and pressuring the EPA to revisit glyphosate’s status. This case also intersects with broader debates on federalism, regulatory capture, and corporate responsibility in an era of climate change and biodiversity loss, where pesticides play a contentious role in agriculture.As the court deliberates, stakeholders from farmers to cancer survivors will watch closely. Whatever the outcome, it underscores the tension between innovation and public health in America’s food system. For now, the thousands of plaintiffs await a verdict that could redefine accountability for one of the world’s most ubiquitous chemicals.
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