Judge Grants Preliminary Approval to Roundup Lawsuit Settlement Plan

Court expects final approval for $7.25 billion Roundup cancer lawsuit settlement to come after a fairness hearing scheduled to take place this summer.

A $7.25 billion deal that seeks to resolve all current and future Roundup cancer lawsuits received preliminary approval from a Missouri state judge on Wednesday, even as Bayer and its Monsanto subsidiary continue to pursue an appeal in the U.S. Supreme Court seeking immunity from the failure to warn claims.

The companies have faced one of the largest mass tort litigations over the past decade, since a report was issued in March 2015 by the International Agency for Research on Cancer (IARC), a division of the World Health Organization, which warned that the active ingredient in Roundup, glyphosate, was likely a cancer-causing substance for humans. 

Although Monsanto has disputed those findings, more than 120,000 product liability lawsuits have been filed in both a federal multidistrict litigation (MDL) and in state courts across the United States, with plaintiffs alleging long-term exposure to glyphosate-based weed killers caused them to develop non-Hodgkin’s lymphoma and other cancers.

Roundup Cancer Trials

Of the cases that have proceeded to trial before juries, several have resulted in substantial verdicts against Monsanto and its parent company Bayer. In a number of those trials, juries determined the companies failed to adequately warn consumers about the potential cancer risks associated with Roundup.

The first Roundup cancer trial went before a California state court jury in August 2018, resulting in a $289 million verdict for a school groundskeeper who developed non-Hodgkin’s lymphoma. That award was later reduced to $78 million. In 2019, the first federal bellwether trial in the Roundup MDL resulted in an $80 million verdict against Monsanto. That same year, another California state court jury returned a $2 billion verdict for a married couple who both developed cancer after long-term exposure to the herbicide, though the award was later reduced to $87 million.

Following a series of early trial losses, Bayer agreed to pay more than $10 billion to resolve a large group of Roundup claims about five years ago. However, thousands of plaintiffs declined to participate in the settlement program, and new lawsuits continue to be filed as former users are diagnosed with cancer years after exposure.

Last month, the parties announced a tentative Roundup settlement deal under which Bayer would make capped annual payments that decline over time for the next 21 years, totaling another $7.25 billion. The announcement also indicated that additional Roundup settlements have been reached, although the terms of those agreements were not disclosed.

On March 4, Missouri Circuit Court Judge Timothy J. Boyer issued a preliminary approval order (PDF), signing off on the deal. The order notes that the Court found the Roundup settlement terms to be fair and equitable and likely to receive final approval.

“The Settlement Class consists of, only for purposes of the Settlement: those U.S. Persons who, prior to the Settlement Date, have been Exposed to one or more Roundup Products and who: (i) Applied any Roundup Products; (ii) purchased or paid for any Roundup Products or for the Application of any Roundup Products; (iii) participated in, directed, or saw the Application of any Roundup Products; or (iv) otherwise had reason to know of their Exposure.”

– Missouri Circuit Court Judge Timothy J. Boyer

Details of the settlement agreement are slated to be posted on a settlement website some time today. Objections and requests to opt out of the proposed plan are due by June 4, 2026. The judge scheduled a Fairness Hearing for July 9, 2026.

Bayer Still Seeking Roundup Liability Protection

The preliminary settlement approval comes as Bayer continues efforts to limit its exposure to future Roundup lawsuits that are not covered by the agreement. The company has asked the U.S. Supreme Court to rule that federal pesticide regulations override state laws requiring cancer warnings for products like Roundup.

In January, the Supreme Court agreed to hear the case and is expected to issue a decision before the end of its term in June. The federal government and more than a dozen state attorneys general have filed briefs supporting Bayer’s position following a major lobbying campaign by the manufacturer.

Attorneys familiar with the case have said the settlement agreement would hold regardless of the Supreme Court’s decision on the case, which has become known as Durnell v. Monsanto. It stems from an October 2023 verdict that awarded $1.25 million in damages to a plaintiff.

Prior reports have suggested that if the efforts to seek immunity under federal preemption had failed, Bayer was considering seeking liability protection for Monsanto through the U.S. bankruptcy process.

Previous indications from Bayer have suggested it plans to remove glyphosate from Roundup products sold in the U.S. However, last month the White House announced plans to encourage ramped up production, claiming the need for the herbicide was a matter of national security.

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