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States Line Up in Roundup Supreme Court Fight as Kentucky Passes Shield Law

The ruling could set a nationwide rule on whether federal pesticide labels block state cancer warnings.

The U.S. Supreme Court is seen in Washington, Wednesday, April 1, 2026. (AP Photo/Tom Brenner)
FILE - A billboard supporting legislation that would provide legal protection to manufacturers of pesticides is displayed, May 13, 2024, in Jefferson City, Mo. (AP Photo/David A. Lieb, File)
FILE - Containers of Roundup are displayed on a store shelf, Feb. 24, 2019, in San Francisco. (AP Photo/Haven Daley, File)
FILE - A woman walks in front of a logo of Bayer AG at the Financial News Conference, in Leverkusen, Germany, Feb. 27, 2020. (AP Photo/Martin Meissner, File)

Overview

  • The Supreme Court will hear arguments on April 27 in Monsanto v. Durnell, a case that tests whether the federal pesticide law known as FIFRA preempts state failure-to-warn lawsuits over Roundup and non-Hodgkin lymphoma.
  • Kentucky’s Republican-led legislature overrode Governor Andy Beshear’s veto Wednesday to enact a law stating that a federally approved pesticide label satisfies any duty to warn under state law.
  • High-profile supporters filed briefs Wednesday backing the Missouri plaintiff, including Sen. Cory Booker and bipartisan coalitions of state attorneys general from Republican-led Texas, Florida, and Ohio and a Democratic-led group led by New Mexico.
  • The U.S. Justice Department backed Monsanto, arguing that Environmental Protection Agency approval of Roundup’s label should preempt state cancer warnings and block failure-to-warn claims.
  • A St. Louis judge granted preliminary approval in March to Bayer’s proposed $7.25 billion settlement, which starts an opt-out period through June 4 and would pay claimants even if the Court later rules for Bayer.