Overview
- Bayer’s appeal, which the justices heard Monday, asks the Court to hold that EPA‑approved Roundup labels preempt state cancer warnings.
- The U.S. Justice Department backed Bayer’s position and warned that different state warnings would erase uniform labeling on the same product.
- Questioning pointed to a split bench, with Brett Kavanaugh stressing uniformity as John Roberts and Neil Gorsuch pressed how states can react to new risk claims.
- The case stems from a Missouri verdict awarding John Durnell $1.25 million after a jury said Bayer should have warned about cancer even though the EPA has not required that warning.
- Plaintiffs in roughly 65,000 cases also allege negligence, deceptive marketing, or product defects, which would continue even if warning claims are curtailed.