In the hope of a solution to the US glyphosate legal disputes, Bayer again turns to the country’s highest court.
According to a message on Friday evening, the check of the “Durnell” case was requested from the US Supreme Court. The agricultural and pharmaceutical company had announced such a step, the time alone was unclear. First of all, a case that was suitable from the company’s point of view had to be found. The Leverkuseners hope for a fundamental judgment of the judges, should they take care of the matter. A judgment for Bayer could largely contain the legal disputes, according to hope.
The background is contradictory judgments of federal professions in the dispute over alleged cancer risks by glyphosate -containing weed killers. The fundamental question arises in the room whether US federal law is to be warned when selling weed shredders above the law of states. Because from the perspective of the US environmental authority EPA, glyphosate does not hold health risks if it is used in accordance with the regulations. The EPA had approved the product label accordingly without a warning.
When walking in front of the US Supreme Court, Bayer refers to a judgment of a Federal Professional Court on the “Schaffner” case. The judges unanimously came to the conclusion that the federal law excludes a lawsuit for allegedly missing warning. So it had decided Pro Bayer.
In the “Durnell” case, however, the judgment of the jury against Bayer from 2023 is only based on the assumption that the law in the US state of Missouri prescribes a cancer warning in glyphosate. “But that’s exactly the warning that the EPA rejects,” said Bayer. “The product label cannot therefore be changed without the approval of the EPA.” Bayer had appealed, but had lost. The group then requested the Missouri Supreme Court exam. This was rejected on April 1, 2025. This cleared the way for Bayer to contact the US Supreme Court.
When the judges take care of the matter and whether they do it at all is unclear. Bayer should hope that before the summer break, i.e. by the end of June, will be decided whether the case will be accepted. If this happens, a judgment would be conceivable until the summer break in 2026.
Bayer had brought the problems related to glyphosate-containing weed destroyers in 2018 with the over $ 60 billion takeover of the US Agriculture Group Monsanto. In the same year there was a first judgment against the DAX company (DAX). This started a wave of lawsuits in the United States that has already cost the group many billion, among other things for comparisons with plaintiffs.
Tens of thousands of cases are still open: As of January 31, 2025, around 181,000 registered claims in the Causa Glyphosate were enclosed around 114,000 by comparison, or for various reasons they do not meet the comparison criteria.
In addition to the long-planned passage before the highest US court, Bayer had intensified lobbying in US states with a view to changes in the law. In essence, this is also about the debate, whether federal law is to be warned when selling such weed destroyers above the law of states.
In the post-market tradegate trade, the Bayer share ultimately listed 6.14 percent lower at 19.80 euros on Friday.
Leverkusen/Washington (dpa-Afx)
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