Bayer completes its purchase of Monsanto
Bayer said it had closed its acquisition of Monsanto, paying Monsanto shareholders 128 dollars a share.
After Bayer bought Monsanto in 2018, juries in California returned large verdicts for plaintiffs who alleged that the weedkiller Roundup caused non-Hodgkin lymphoma, which Bayer denies. Bayer announced settlements of up to 10.9 billion dollars in 2020 and kept arguing that federal pesticide law preempts the claims. In June 2026 the Supreme Court held in Monsanto v. Durnell that federal law preempts label-based failure-to-warn claims, and a 7.25 billion dollar class settlement for current and future claims awaits final approval in Missouri.
The Supreme Court held on 25 June 2026 that FIFRA preempts label-based failure-to-warn claims over Roundup. Monsanto's proposed 7.25 billion dollar class settlement awaited a final approval ruling from Judge Timothy Boyer after a 14 September 2026 hearing, and no ruling was found as of 1 November 2026.
Bayer said it had closed its acquisition of Monsanto, paying Monsanto shareholders 128 dollars a share.
In Johnson v. Monsanto, a San Francisco Superior Court jury awarded 289 million dollars, including 250 million dollars in punitive damages, in the first case by a cancer patient against Monsanto to reach trial, the AP reported. Monsanto said it would appeal.
In Hardeman v. Monsanto, the first of the consolidated federal cases before Judge Vince Chhabria to go to trial, a federal jury awarded 80 million dollars, ABC7 News reported. Bayer said it was disappointed and would appeal. The punitive portion of 75 million dollars was later reduced to 20 million dollars, according to the Ninth Circuit.
An Oakland jury awarded a combined 2.05 billion dollars to two plaintiffs in Pilliod v. Monsanto, the AP reported, including 1 billion dollars in punitive damages for each plaintiff. The trial judge later cut the judgments to about 56 million and 30.7 million dollars, which the plaintiffs accepted.
Bayer said it had agreed to pay 8.8 to 9.6 billion dollars to resolve current Roundup claims and 1.25 billion dollars for a class to handle future claims, about 10.1 to 10.9 billion dollars in total. It said the deals would close about 75 percent of the current litigation, involving roughly 125,000 filed and unfiled claims and contained no admission of liability or wrongdoing. The Johnson, Hardeman and Pilliod cases were excluded and continued on appeal.
The California Court of Appeal held that Monsanto had not shown federal law preempted the failure-to-warn claims and upheld liability, but ruled that the awards of future noneconomic damages and punitive damages must be reduced.
Over a partial dissent on damages, the Ninth Circuit affirmed the Hardeman judgment, holding that the failure-to-warn claims were neither expressly nor impliedly preempted by FIFRA, the federal pesticide law. It found the 75 million dollar punitive award grossly excessive but upheld the reduced 20 million dollars as constitutional.
Bayer said it decided on 27 May 2021 to withdraw from the national class process for future claims and turned to other measures.
Bayer booked an additional gross provision of 4.5 billion dollars for a scenario in which the Supreme Court did not rule in its favour, and said glyphosate products in the US residential lawn and garden market would be replaced with other active ingredients starting in 2023.
The Court of Appeal affirmed the reduced Pilliod judgments and rejected Monsanto's argument that FIFRA preempted the claims.
Monsanto filed a petition for certiorari in Monsanto v. Hardeman. The Court invited the Solicitor General to file a brief on 13 December 2021, and the United States filed one on 10 May 2022.
The Supreme Court denied Monsanto's petition in Monsanto v. Hardeman, leaving the Ninth Circuit's ruling in place.
A Philadelphia Court of Common Pleas jury returned a Roundup verdict of 2.25 billion dollars, including 2 billion dollars in punitive damages, Reuters reported. Bayer said it disagreed with the verdict and would appeal. The AP later described it as the largest of four Roundup verdicts won by the same plaintiffs' legal team.
In Schaffner v. Monsanto, the Third Circuit held that the Pennsylvania failure-to-warn claim was expressly preempted by FIFRA. Bayer said the unanimous decision conflicted with earlier Ninth and Eleventh Circuit rulings. The Supreme Court later cited Schaffner, Carson v. Monsanto and Hardeman in noting that courts had divided on the question.
The Missouri Court of Appeals, Eastern District, affirmed a jury verdict of more than 1 million dollars for the plaintiff in Durnell v. Monsanto on a failure-to-warn theory, rejecting Monsanto's preemption defence. Bayer said the Missouri Supreme Court denied Monsanto's appeal, and the Supreme Court docket lists that decision on 1 April 2025.
A Georgia jury ordered Monsanto to pay nearly 2.1 billion dollars, including 2 billion dollars in punitive damages, the AP reported, in a verdict reached late on Friday. Monsanto said it would appeal and that the verdict conflicted with the weight of scientific evidence.
Monsanto filed a petition for certiorari in Monsanto v. Durnell. On 30 June 2025 the Court invited the Solicitor General to express the views of the United States.
The United States filed an amicus brief in Durnell recommending that the Supreme Court grant review and arguing that FIFRA preempts the failure-to-warn claim. Bayer welcomed the brief.
The Supreme Court granted review, limited to whether FIFRA preempts a label-based failure-to-warn claim where the EPA has not required the warning.
Monsanto announced a proposed nationwide class settlement, filed in the Circuit Court of the City of St. Louis, covering people who allege Roundup exposure before 17 February 2026 and have or are diagnosed with non-Hodgkin lymphoma within 16 years after final approval. It would pay declining annual amounts of up to 7.25 billion dollars over up to 21 years. Bayer raised its litigation provisions to 11.8 billion euros and said it had settled certain other Roundup cases on confidential terms.
Judge Timothy Boyer of the Missouri state court in St. Louis granted preliminary approval to the class settlement, Reuters reported, while saying he would hear objections before deciding on final approval. Class members could object or opt out until 4 June 2026.
Paul Clement argued for Monsanto, Principal Deputy Solicitor General Sarah Harris for the United States as amicus supporting Monsanto, and Ashley Keller for the respondent, according to the docket.
Objecting plaintiffs removed the class action to federal court in St. Louis, Reuters reported, disrupting the schedule for final approval.
US District Judge Henry Edward Autrey ruled that the objectors lacked the power to remove the case because only a defendant may do so, and returned it to state court, Reuters reported. The objectors filed a notice of appeal.
In a 7 to 2 decision written by Justice Kavanaugh, the Supreme Court held that FIFRA expressly preempts a state failure-to-warn claim that would require a cancer warning on Roundup's label, reversing the Missouri Court of Appeals and remanding. Justice Jackson, joined by Justice Gorsuch, dissented. Bayer said the ruling should lead to dismissal of current failure-to-warn claims.
The Supreme Court's judgment and mandate in Durnell were issued, returning the case to the Missouri courts, according to the docket.
Judge Boyer heard arguments from Monsanto, class counsel and objectors on whether to approve the settlement, Reuters reported. Objectors argued the payouts of 10,000 to 165,000 dollars were too small and that 675 million dollars in attorneys' fees was excessive. A Monsanto lawyer said the company would fight the lawsuits in court if the deal were rejected.
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Last updated 1 November 2026. Spotted an error? See corrections. Every event links to the record it comes from. Allegations are attributed to whoever made them.