Bayer Settlement Offer Brings Plaintiffs To A Crossroads

Bayer has become a frequent presence in courts in recent years, for all the wrong reasons. The company acquired Monsanto in 2018, and with it came the rights to the weedkiller Roundup.¹ Those rights were accompanied by substantial liabilities. Roughly 200,000 people have sued Bayer over the weedkiller’s alleged propensity to cause non-Hodgkin lymphoma, a type of blood cancer.

The problematic ingredient in Roundup appears to be glyphosate.² Glyphosate has been a popular herbicide in the U.S. since the 1970s.The International Agency for Research on Cancer identified it as a probable cancer-causing substance. The EPA believes that glyphosate is safe when used as directed, which is why it is still commercially available in the U.S.

Bayer has resolved around 130,000 claims, but still faces tens of thousands of litigants. This prompted Bayer to propose a $7.25 billion settlement offer, pending judicial approval. The proposal offers monetary compensation to anyone who used Roundup before February 17, 2026 and was diagnosed with non-Hodgkin lymphona within 16 years. The settlement would bar plaintiffs from active and future claims against the company relating to the cancer.

Looming large over the offer is the United States Supreme Court as it deliberates over the legality of the tens of thousands of lawsuits facing Bayer. The question presented to the Court relates to federal preemption over pesticide warning labels. Certain states added cancer warnings without EPA approval. A federal circuit split prompted the Court to address the issue. The Court is expected to reach a decision in July.³ A favorable ruling to Bayer could see the dismissal of thousands of viable claims.