Senator Markey Statement on Supreme Court Ruling Shielding Monsanto from Liability for Failure to Warn Consumers of Cancer Risks

Washington (June 25, 2026) - Senator Edward J. Markey (D-Mass.) released the following statement after the U.S. Supreme Court's decision in Monsanto Company v. Durnell, which shields Monsanto, which is owned by Bayer, from state-law liability for failing to warn consumers of cancer risks associated with Roundup, a weedkiller sold by the company that contains glyphosate. The Court held that states cannot require pesticide manufacturers to disclose information on pesticide labels beyond what is mandated by federal law.

"In siding with Monsanto and Bayer, the Supreme Court has made clear that it prioritizes corporate immunity over the health of the American people-just like the Trump administration. Companies should be held liable if they fail to warn Americans about carcinogens in their products, and Americans deserve to seek recourse when they are unknowingly exposed to life-threatening risks," said Senator Markey. "States should also have the right to require more transparency from companies selling products to their residents. The Supreme Court, with the Trump administration's poisonous thumb on the scale, is again failing the public and sacrificing our health in the process."

For over a decade, scientific authorities have recognized glyphosate's potential toxicity to users. In 2015, the World Health Organization classified glyphosate, a primary ingredient in Roundup, as a Group 2A carcinogen. Further studies suggest that prolonged and high-volume exposure, common for agricultural workers and other pesticide applicators, leads to an elevated risk of non-Hodgkin lymphoma. Despite this evidence, the Trump administration has refused to protect the public from this health risk and has even defended the toxic chemical's significance to economic and national security to boost domestic production of the carcinogen. In March, President Trump's Department of Justice filed an amicus brief in support of Bayer's immunity against citizen suits. The Administration's actions followed multiple meetings involving Bayer's CEO Bill Anderson and senior advisors to President Trump, including his chief of staff, Susie Wiles.

In April, Senator Markey joined Senators Henrich and Booker to introduce the No Immunity for Glyphosate Act, which would prohibit the use of federal funds to implement or enforce President Trump's glyphosate executive order, and affirm that glyphosate manufacturers are not immune from civil liability. Senator Markey is also a cosponsor of the Pesticide Injury Accountability Act (S. 2324), which would ensure that pesticide manufacturers can be held responsible for the harm caused by their toxic products. Specifically, this bill would amend the Federal Insecticide, Fungicide and Rodenticide Act of 1972 (FIFRA) to create a federal right of action for anyone who is harmed by a toxic pesticide.

Sen. Markey has long been outspoken in his concerns regarding the dangers of the herbicide glyphosate. In April, Senator Markey questioned Secretary of Health and Human Services Robert F. Kennedy, Jr. about the Administration's active support for the pesticide company.

In 2015, Sen. Markey submitted a letter to then-Environmental Protection Agency Administrator Gina McCarthy, calling for the agency to consider the findings published by United Nations World Health Organization, which identified the carcinogenic risks of glyphosate.

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