Bayer is heading back to the U.S. Supreme Court, hoping for a legal lifeline that could block tens of thousands of lawsuits linking its controversial weedkiller, Roundup, to cancer. The German chemical giant is asking the court to rule—once again—that it shouldn’t be on the hook for warning consumers about risks the federal government doesn’t recognize.
At the core of Bayer’s argument: the U.S. Environmental Protection Agency hasn’t found glyphosate—the active ingredient in Roundup—to be cancer-causing, and in fact, won’t allow additional warnings beyond its approved label. Therefore, Bayer says, it shouldn’t be forced by state courts to post health warnings the EPA rejects.
This isn’t Bayer’s first rodeo at the Supreme Court. The justices passed on the issue back in 2022. But since then, a federal appeals court backed Bayer, clashing with rulings in other circuits. That judicial disagreement gives Bayer a sliver of hope—the kind that might just tempt the high court to take another look.
This latest plea centers on the case of John Durnell, who was awarded $1.25 million by a Missouri state court last year after blaming his cancer on Roundup. That’s small potatoes compared to the $2.1 billion slapped on Bayer by a Georgia jury just last month.
Since acquiring Monsanto for a jaw-dropping $63 billion in 2018, Bayer has been bleeding money from Roundup lawsuits. Nearly $10 billion has already been shelled out to settle claims, and around 67,000 more are still lurking. The company has earmarked another $5.9 billion just in case.
CEO Bill Anderson has been fighting an uphill battle to stop the financial hemorrhaging and repair a stock price that’s nosedived over 70% since the Monsanto deal. But the hits keep coming: flops in drug development, slumping agri-markets, and shareholders grumbling about splitting up the company.
Adding to the pressure, Bayer is seeking approval to raise fresh capital—nearly 35% of its current share count over the next three years—to cushion any more legal blows.
Meanwhile, the company has floated a stark warning to U.S. lawmakers: bolster our legal protection, or we might pull Roundup off the shelves for American farmers. Bayer has already swapped out glyphosate in its consumer-grade version, signaling it’s willing to shift strategy if its legal odds don’t improve.
The Supreme Court’s decision—whether to hear the case or leave Bayer twisting—could reshape the future of one of the most litigated products in U.S. history.
