Bayer Welcomes Solicitor General support for U.S. Supreme Court Review
02 December 2025, Leverkusen: Bayer is pleased the Solicitor General supports U. S. Supreme Court review of the petition for a writ of certiorari in the Durnell case and agrees with the company’s arguments on preemption. The company believes that the backing of the U.S. government will be important to the Court’s consideration of its petition. The split among federal circuit courts in the Roundup™ personal injury litigation, on the cross-cutting question of whether federal law preempts state claims based on failure-to-warn theories, warrants review and resolution by the country’s top court.
“The support of the U.S. Government is an important step and good news for U.S. farmers, who need regulatory clarity. The stakes could not be higher as the misapplication of federal law jeopardizes the availability of innovative tools for farmers and investments in the broader U.S. economy”, said CEO Bill Anderson.
Similar preemption language to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is included in other federal statutes such as those regulating medical devices, poultry products, meat, and motor vehicles. It is time for the U.S. legal system to establish that companies cannot be punished under state laws for complying with federal label requirements.
As part of the company’s multi-pronged strategy, a positive ruling on the central, cross-cutting preemption issue could help bring the company closer to closure of tens of thousands of Roundup™ cases, which are overwhelmingly based on claims grounded in failure-to-warn theories. The EPA and every other regulator worldwide that has independently assessed the safety of glyphosate, the active ingredient in most Roundup™ products, has concluded it can be used safely.
The company continues to advance its multi-pronged strategy designed to significantly contain the litigation by the end of 2026 as outlined in its Q3 communication.
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