Supreme Court Weighs Blocking Roundup Cancer Lawsuits Amid Billion-Dollar Verdicts

The U.S. Supreme Court on Monday appeared deeply divided over whether to block thousands of pending lawsuits accusing Bayer, the German pharmaceutical giant, of failing to adequately warn consumers about the cancer risks linked to its Roundup weedkiller.

The case reached the nation’s highest court after a surge in litigation produced several multibillion-dollar verdicts against Bayer, which acquired Monsanto—the original manufacturer of Roundup—in 2018. The company now faces a legal backlog of claims from individuals who allege exposure to glyphosate, the active ingredient in Roundup, led to their cancer diagnoses.

Supreme Court Hears Arguments on Roundup Cancer Lawsuits

During oral arguments on Monday, the justices questioned both sides about the scope of Bayer’s liability and whether federal law preempts state-level failure-to-warn claims. Several justices expressed skepticism over Bayer’s argument that the Environmental Protection Agency (EPA) has deemed glyphosate safe, while others questioned the scientific consensus linking the chemical to cancer.

Justice Neil Gorsuch, for example, pressed Bayer’s attorney on whether the company could be held liable for failing to update warnings despite the EPA’s stance. Meanwhile, Justice Elena Kagan raised concerns about the potential flood of lawsuits if the court allows state courts to override federal regulatory decisions.

Background: Roundup Litigation and Billion-Dollar Verdicts

Roundup, one of the world’s most widely used herbicides, has been the subject of intense legal scrutiny since 2015, when the International Agency for Research on Cancer (IARC) classified glyphosate as a “probable human carcinogen.” This classification triggered a wave of lawsuits from cancer patients, including groundskeepers, farmers, and landscapers, who claimed their illnesses were directly caused by long-term exposure to the product.

To date, Bayer has settled or lost multiple high-profile cases, resulting in payouts exceeding $16 billion. In 2018, a California jury awarded $289 million to Dewayne Johnson, a former groundskeeper who developed non-Hodgkin lymphoma after using Roundup. The award was later reduced to $78 million but set a precedent for subsequent cases. In 2020, another California jury awarded $10.9 billion to a group of plaintiffs, though the verdict was later reduced to $868 million. Most recently, in June 2023, a Missouri jury awarded $1.25 billion to four plaintiffs, though the amount was reduced to $675 million on appeal.

Bayer’s Defense and the Future of Roundup Litigation

Bayer has consistently maintained that Roundup is safe when used as directed and that the EPA’s approval of glyphosate preempts state-level failure-to-warn claims. The company has also argued that the scientific evidence linking glyphosate to cancer is inconclusive and that the IARC’s classification was flawed.

In its Supreme Court appeal, Bayer is seeking to overturn a lower court’s decision that allowed the lawsuits to proceed. The company contends that allowing these cases to move forward would undermine federal regulatory authority and open the door to a flood of similar claims against other approved products.

However, plaintiffs’ attorneys argue that Bayer has a legal and moral obligation to warn consumers about the risks associated with Roundup, regardless of the EPA’s position. They point to internal Monsanto documents, some of which were uncovered during litigation, that allegedly show the company was aware of the potential cancer risks as early as the 1990s but failed to disclose them to the public.

What’s Next for Roundup Lawsuits?

The Supreme Court’s decision, expected by late June 2024, could have far-reaching implications for the future of Roundup litigation and the legal landscape surrounding product liability and regulatory preemption. If the court sides with Bayer, it could effectively halt thousands of pending lawsuits and limit the company’s financial exposure. Conversely, if the court allows the cases to proceed, Bayer may face additional multibillion-dollar payouts and a prolonged legal battle that could drag on for years.

For now, the outcome remains uncertain, with the justices appearing divided on the key legal and scientific questions at the heart of the case. A decision is expected by the end of the Supreme Court’s current term in late June 2024.