The Roundup Legal and Political Crossroads
At issue: Whether federal law shields Bayer from state lawsuits over cancer warnings, as the White House orders increased glyphosate production and Congress considers new pesticide legislation.
Supreme Court Case
The U.S. Supreme Court heard arguments on December 2, 2024, in a pivotal case regarding whether federal law preempts state-level lawsuits against Bayer, the manufacturer of the glyphosate-based herbicide Roundup.
The Court is considering whether Bayer can be shielded from state court lawsuits alleging the company failed to warn consumers about cancer risks associated with Roundup. The case will determine if future lawsuits against Bayer are permitted.
Bayer maintains its product is safe and complies with Environmental Protection Agency (EPA) labeling requirements. The company has proposed a $7.25 billion settlement for existing claims. A decision from the Court is expected in June 2025.
Background on Glyphosate Safety
The EPA does not classify glyphosate as a carcinogen and does not require cancer warning labels. However, in 2015, the World Health Organization classified glyphosate as "probably carcinogenic."
In November 2024, a group of scientists issued a consensus statement that glyphosate can cause cancer; Bayer disputes this finding. The EPA is due to release a court-ordered safety review of glyphosate in October 2025.
Executive Order
President Donald Trump signed an executive order invoking the Defense Production Act to compel domestic production of elemental phosphorus and glyphosate-based herbicides. The order cites shortages of both substances as a risk to national security.
Glyphosate is used on key U.S. cash crops including corn and soybeans, and agricultural trade organizations have supported its use.
Farm Bill
The U.S. House of Representatives is expected to consider a farm bill that includes provisions related to pesticide labeling and liability. A provision in the bill would prevent state and local pesticide regulations from differing from federal guidance.
Another provision would delay the release of the EPA's court-ordered glyphosate safety review from October 2025 to 2031.
Federal Government Positions
The U.S. Solicitor General's office, representing the administration, filed an amicus brief arguing that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) preempts state failure-to-warn claims to avoid a patchwork of state labeling requirements.
Health and Human Services Secretary Robert F. Kennedy Jr. stated that he disagrees with the executive order to ramp up glyphosate production but noted it was ordered for national security reasons. When asked during a budget hearing if glyphosate causes cancer, he replied: "Yes." He also testified before Congress, deflecting questions about the administration's pesticide stance by stating, "It's not my agency."
House Agriculture Chair G.T. Thompson (R-Pa.) stated the farm bill concerns labeling based on science and preserves states' ability to seek additional EPA-approved labeling changes.
In a statement, the EPA said it is "committed to transparency and rigorous gold-standard science" and takes MAHA concerns "seriously."
Reactions From MAHA Coalition
Members of the Make America Healthy Again (MAHA) movement expressed disappointment with the Trump administration's positions on glyphosate. The MAHA coalition supported President Trump in the 2024 election.
Kelly Ryerson, a MAHA activist, stated that the combination of an executive order supporting glyphosate and the Supreme Court case was "really inexcusable."
Vani Hari, a MAHA advocate, said glyphosate will be a midterm election issue.
Ken Cook, president of the Environmental Working Group, stated that elevating glyphosate to a national security priority is the "exact opposite of what MAHA voters were promised."
Former Rep. Marjorie Taylor Greene (R-Ga.) criticized Trump for signing an order protecting "cancer causing Glyphosate in our foods."
Representatives from the MAHA coalition met with President Trump, HHS Secretary Kennedy, and White House chief of staff Susie Wiles to discuss their concerns.
Opposition Statements
Rep. Chellie Pingree (D-Maine) noted the issue could create political opportunities for Democrats to appeal to MAHA supporters.
Sarah Starman of Friends of the Earth noted both increased attacks on environmental protections and strong public momentum against pesticides.
Legal Background
In 2018, DeWayne "Lee" Johnson won a $289 million settlement against Monsanto (now owned by Bayer) after developing non-Hodgkin lymphoma from using Roundup. The award was later reduced to $20.4 million. Thousands of individuals have sued Bayer and Monsanto alleging failure to warn of cancer risks from Roundup.