Missouri court grants preliminary approval to $7.25bn Roundup settlement

A Missouri judge granted preliminary approval to a proposed $7.25 billion class settlement aimed at resolving current and potential future U.S. claims alleging that the weedkiller Roundup causes non-Hodgkin lymphoma.

The decision was issued March 4 by the Circuit Court of the City of St. Louis, allowing the settlement process to move forward in litigation tied to the herbicide produced by Bayer through its subsidiary Monsanto.

The agreement seeks to address claims alleging that exposure to Roundup led to non-Hodgkin lymphoma, a cancer affecting the lymphatic system. Bayer has repeatedly said the product is safe when used as directed and that scientific and regulatory reviews support its safety.

Following preliminary approval, potential members of the settlement class will receive notice and have a 90-day period to opt out or file objections. The opt-out period runs through June 4. The court scheduled a fairness hearing for July 9 to determine whether the settlement will receive final approval.

Lawsuits in Missouri brought by members of the proposed settlement class are paused during the process, except for those filed by plaintiffs who choose to opt out.

The proposed settlement comes as the Supreme Court of the United States prepares to review the Durnell v. Monsanto case, which addresses whether state law claims alleging failure to warn about cancer risks are preempted by federal pesticide regulations.

Bayer expect the Supreme Court review to help clarify a central legal issue in the long-running glyphosate litigation. The company has argued that federal labeling requirements under pesticide law should override certain state-level claims.

The settlement does not cover cases tied to damage awards that are currently under appeal. Bayer said the Supreme Court’s decision could influence how those cases are ultimately resolved.

Glyphosate litigation has been a major legal challenge for Bayer since its $63 billion acquisition of Monsanto in 2018. The company has already set aside billions of dollars to resolve Roundup-related lawsuits in the United States, while continuing to contest claims that the herbicide causes cancer.

The July hearing will determine whether the settlement receives final approval, a step that could still be subject to appeals.