SCOTUS Ruling on Pesticides Accountability Could Create Investor Crisis
Statement For Immediate Release
MEDIA CONTACT: Ryon Harms, [email protected], (310) 730-9407
Three converging developments expose an orchestrated collapse of U.S. pesticide accountability weeks before the Supreme Court hears oral arguments in Monsanto v. Durnell—a case that could eliminate all state failure-to-warn lawsuits against Bayer for Roundup’s glyphosate-related cancer risks
EL CERRITO, CALIFORNIA – April 21, 2026 – On April 27, the U.S. Supreme Court is set to hear Bayer’s bid for federal preemptive action in Monsanto v. Durnell. In that case, plaintiff John Durnell alleged that Roundup caused his non-Hodgkin’s lymphoma and sought compensatory damages for his harm. Following trial, a jury awarded Durnell $1.2 million based on its finding that Roundup is carcinogenic and that Monsanto failed to adequately warn of the risk of harm from its product.
The Bayer Supreme Court case comes at a time when a growing body of scientific research links glyphosate to cancer and other chronic diseases, and as new evidence shows that cancer rates are rising among young people across the U.S. Corn Belt.
A ruling in Bayer’s favor would likely end state failure-to-warn lawsuits over Roundup’s cancer risks, wiping out thousands of pending claims, and setting a precedent that any pesticide manufacturer can avoid accountability if EPA has approved its label -- even where such product is found to contain a carcinogen and fails to warn users of its carcinogenic effects.
“Granting Bayer (formerly Monsanto) immunity would reward a company that has spent years lobbying to weaken pesticide oversight,” said Danielle Fugere, President and Chief Counsel of As You Sow. “State failure-to-warn claims are one of the last meaningful checks on pesticide safety in this country. Eliminating them would leave consumers, farmworkers, and communities with little recourse to health harms associated with these pesticides.”
As You Sow, a shareholder representative group, has filed shareholder resolutions related to pesticide risk for over a decade—at General Mills, PepsiCo, ADM, Conagra, Campbell’s, Post Holdings, B&G Foods, J.M. Smucker, Kraft Heinz, Monsanto, and DuPont--asking companies to measure, disclose, and reduce pesticide risk in their supply chains.
Despite prior progress by food companies in disclosing and reducing pesticides in their supply chains, in the current deregulatory environment, As You Sow’s 2026 Pesticides in the Pantry scorecard revealed that many companies are now actively retreating from pesticide disclosure and/or reduction policies. The scorecard revealed that 10 of 17 companies earned lower scores than in 2023. Companies that previously provided pesticide disclosures and/or actions — including General Mills, ADM, and Conagra—have since dismantled those commitments.
The Trump DOJ filed a brief supporting the German company’s preemption argument, which comes at the expense of U.S. citizens with cancer who seek compensation from Bayer. A U.S. Right to Know investigation found that three of the nine officials who signed the brief previously worked at law firms that represented Bayer. The current administration has also invoked the Defense Production Act to classify the known carcinogen glyphosate as a national security resource because calcium ammonium nitrate, a component in the pesticide, can be used for making bombs.
On April 3, Bayer settled a Roundup cancer-related case in Broward County, Florida—even as it argues before the Supreme Court that all such suits should be preempted. The company has also proposed a $7.25 billion class settlement for non-Hodgkin’s lymphoma claims, which has the potential not to happen in the face of a preemption ruling against state health protection laws.
An investigation from The New Lede found the EPA has placed cancer warnings on just 1.4% of pesticide labels containing ingredients it designates as “probable” or “likely” carcinogens. This regulatory abdication has made state laws the last backstop for public health—the very backstop Bayer is trying to eliminate.
“If the Supreme Court grants preemption and the EPA continues to look the other way, investors will be among the last remaining checks on corporate pesticide accountability,” said Andrew Behar, CEO of As You Sow. “The question before the Court is not just about Roundup—it is about whether any company can be held responsible for the health harms its products cause.”
As You Sow calls on Bayer’s shareholders to demand board-level transparency about the company’s government lobbying strategy, its relationships with officials involved in the DOJ brief, and its contradictory approach to liability.
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As You Sow is the nation’s leading shareholder representative, with a 30+ year track record promoting environmental and social corporate responsibility. As You Sow addresses a range of issues that affect shareholder value including climate change, ocean plastics, toxins in the food system, biodiversity, racial justice, and workplace diversity. See As You Sow’s shareholder resolution tracker.