US Supreme Court sides with Bayer on Roundup cancer suit

The U.S. Supreme Court ruled Thursday to block lawsuits that accuse Bayer of failing to warn users about the cancer risks posed by the company’s Roundup weedkiller.

What are the details of the Supreme Court’s decision on Roundup?

The conservative-majority US top court in a 7-2 decision overturned a Missouri ruling that awarded $1.25 million (€1.1 million) to a man named John Darnell.

Darnell had argued that years of use of the Roundup weedkiller had caused him to be diagnosed with blood cancer.

The International Agency for Research on Cancer classification in Darnell’s case cited that a key ingredient in Roundup is glyphosate, a possible human carcinogen. The International Agency for Research on Cancer is part of the United Nations’ World Health Organization.

However, the US Environmental Protection Agency (EPA) does not classify glyphosate as a carcinogen and has approved the sale of Roundup without a warning label.

Members of the Supreme Court sit for a new group portrait after Associate Justice Ketanji Brown Jackson joins them at the Supreme Court building in Washington on October 7, 2022. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson
Most of the US Supreme Court justices, except Neil Gorsuch and Ketanji Brown Jackson, supported the decision (File: October 7, 2022)Image: J. Scott Applewhite/AP Photo/Picture Coalition

US Judge Brett Kavanaugh, a conservative appointed by US President Donald Trump, said that Darnell’s argument “would require Monsanto to add a cancer warning to Roundup’s label, even though federal law requires Monsanto to use EPA-approved labels without cancer warnings.”

Judge Ketanji Brown Jackson, a left-leaning judge appointed by former Democratic President Joe Biden, called the decision “remarkable and regrettable, as it inappropriately closes the court’s door to a state that harasses plaintiffs like Darnell.”

Neil Gorsuch, a conservative judge appointed by Trump, joined Jackson in the dissent.

Bayer described this decision as good for science, farmers and industry.

Monsanto originally manufactured Roundup, Bayer acquired Monsanto in 2018.

Germany-headquartered biotech and agrochemical company Bayer praised the decision in a statement.

Bayer said the decision is “good for science, farmers and industries that depend on regulatory clarity for innovation.”

“This will significantly help bring Roundup litigation to a close after nearly a decade of legal battles,” the company said.

A photo of Leverkusen at night, where Bayer is located
Bayer is headquartered in the western German city of Leverkusen. Image: Christoph Hardt/Panama Pictures/Picture Alliance

Bayer shares rose after the US Supreme Court decision.

The Trump administration has supported Bayer in the legal fight; Trump also signed an executive order to boost glyphosate production in the US. That executive order has faced criticism from the Make America Healthy Again movement affiliated with the Trump White House.

Supreme Court’s decision received bipartisan setback

Members of Trump’s Republican Party and opposition Democrats criticized the decision.

“The Supreme Court ruled to protect Roundup,” U.S. Republican Representative Nancy Mace of South Carolina wrote on X.

“The health of the American people must come before the profits of corporate giants. Every time. Americans have a right to know what they have been exposed to.”

“This is a devastating blow in our fight to hold big pesticide companies accountable for the harm caused by their toxic chemicals,” said Democratic Senator Cory Booker of New Jersey.

Edited by: Jennifer Cimino Gonzalez

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