Leverkusen, December 2, 2025 – Bayer is pleased the Solicitor General supports U. S. Supreme Court review of the petition for a writ of certiorari in the Durnell case and agrees with the company’s arguments on preemption. The company believes that the backing of the U.S. government will be important to the Court’s consideration of its petition. The split among federal circuit courts in the Roundup
personal injury litigation, on the cross-cutting question of whether federal law preempts state claims based on failure-to-warn theories, warrants review and resolution by the country’s top court.
“The support of the U.S. Government is an important step and good news for U.S. farmers, who need regulatory clarity. The stakes could not be higher as the misapplication of federal law jeopardizes the availability of innovative tools for farmers and investments in the broader U.S. economy”, said CEO Bill Anderson.
Similar preemption language to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) is included in other federal statutes such as those regulating medical devices, poultry products, meat, and motor vehicles. It is time for the U.S. legal system to establish that companies cannot be punished under state laws for complying with federal label requirements.
As part of the company’s multi-pronged strategy, a positive ruling on the central, cross-cutting preemption issue could help bring the company closer to closure of tens of thousands of Roundup cases, which are overwhelmingly based on claims grounded in failure-to-warn theories. The EPA and every other regulator worldwide that has independently assessed the safety of glyphosate, the active ingredient in most Roundup products, has concluded it can be used safely.
The company continues to advance its multi-pronged strategy designed to significantly contain the litigation by the end of 2026 as outlined in its Q3 communication.
About Bayer
Bayer is a global enterprise with core competencies in the life science fields of health care and nutrition. In line with its mission, “Health for all, Hunger for none,” the company’s products and services are designed to help people and the planet thrive by supporting efforts to master the major challenges presented by a growing and aging global population. Bayer is committed to driving sustainable development and generating a positive impact with its businesses. At the same time, the Group aims to increase its earning power and create value through innovation and growth. The Bayer brand stands for trust, reliability and quality throughout the world. In fiscal 2024, the Group employed around 93,000 people and had sales of 46.6 billion euros. R&D expenses amounted to 6.2 billion euros. For more information, go to www.bayer.com.
