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If one needed any further proof, today’s decision is all the evidence needed.
The US Supreme Court on Thursday sided with pesticide manufacturer Bayer in Monsanto Company v. Durnell, ruling that federal law preempts lawsuits brought by cancer patients who allege its Roundup product was to blame for their disease.
With the Trump administration siding with Bayer in the litigation, the devastating ruling by the court extends this legal shield to all pesticide corporations, leaving patients harmed by these toxic agricultural chemicals without the recourse of litigation that has cost Bayer billions of dollars.
Once again, the Supreme Court has sided with big business over people and the environment. This ruling is a disaster for public health—and it has Trump’s name written all over it. If one needed any further proof that the president’s feigned mission to "Make America Healthy Again" was a farce, today’s decision is all the evidence needed. Trump has been all too willing to endorse Bayer’s crusade to pollute with impunity, while the administration doubles down on a failed pesticide regulatory scheme.
Industrial agriculture is poisoning America. The fight against toxic pesticides does not end here. Congress must pass the Pesticide Injury Accountability Act to safeguard access to justice for all harmed by these toxic chemicals, and a Farm Bill that finally puts public health first. Until then, the Supreme Court has shut the courthouse doors to tens of thousands of sick and suffering Americans."
Today’s ruling comes despite a litany of evidence suggesting that glyphosate, the key ingredient in Bayer’s ubiquitous Roundup pesticide, is carcinogenic, and that the Environmental Protection Agency’s pesticide registration process is fatally flawed. The World Health Organization has defined glyphosate as a probable carcinogen since 2015. Roundup is the most widely used pesticide in the United States.
The decision completes Bayer’s years-long, well-financed quest to stifle cancer lawsuits cutting into its bottom line. Since purchasing Monsanto in 2018, Bayer has spent over $11 billion settling over 100,000 cancer lawsuits related to Roundup. Bayer has been pushing widely-opposed Cancer Gag Act bills nationwide, seeking to shield pesticide corporations from health-related lawsuits in multiple states and Congress. So far this year, the immunity legislation has failed in 11 states and was stripped from the House Farm Bill and left out of the Senate version.
There is a better way, including the Pesticide Injury Accountability Act, introduced by Sen. Corey Booker (D-NJ), which would restore the right to sue over pesticide harms. It's a right all Americans deserve.
"People who were exposed, workers who were never warned, consumers who trusted a label—they now have fewer tools to use to fight back. And the corporations responsible for that harm have more protection than ever."
Public health advocates, legal experts, and members of Congress were among those outraged on Thursday by the US Supreme Court's ruling in favor of Monsanto—and, effectively, against thousands of people who argue that its weedkiller Roundup caused their cancer.
Jay Feldman, executive director of the organization Beyond Pesticides, blasted the 7-2 decision as "a tragic setback for public and environmental health, allowing companies that produce toxic pesticides to evade the most basic of responsibilities, warning consumers that their products may cause cancer and other deadly diseases."
"In an age of deregulation, the ability of farmers, farmworkers, and consumers to hold chemical manufacturers accountable for hazard warnings is the keystone to minimum protection of public health, as demand in the market for the safest possible products grows daily," Feldman said in a statement.
The closely watched case stems from a state-level lawsuit and a resulting verdict in favor of John Durnell, a Missouri man who argued that Monsanto's glyphosate-based Roundup caused his non-Hodgkin lymphoma, a blood cancer, which is in remission after multiple rounds of chemotherapy. A jury agreed the herbicide's label should have had a cancer warning.
The World Health Organization's International Agency for Research on Cancer classified glyphosate as probably carcinogenic to humans over a decade ago, but the US Environmental Protection Agency and Bayer still insist it is safe. In a majority opinion penned by Justice Brett Kavanaugh, the country's high court agreed with the company's argument that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts Durnell's failure-to-warn claim under state law.
In a dissent joined by Justice Neil Gorsuch, Justice Ketanji Brown Jackson wrote that "the majority reads into FIFRA a labeling requirement that does not exist, and it reads out of FIFRA the statute's ongoing prohibition on misbranding. This interpretation cannot be squared with the text of FIFRA or our precedents. Ultimately, the effect of the majority's interpretation is both remarkable and regrettable, for it unjustifiably closes the courthouse doors to state tort plaintiffs like Durnell."
Bayer—which bought Monsanto in 2018—similarly noted in a Thursday statement that the ruling "should help significantly contain the Roundup litigation after nearly a decade of legal battles," which the company also said that it will keep trying to resolve by seeking final approval of its proposed $7.25 billion class settlement.
"This case was never just about Bayer," Environmental Working Group president and co-founder Ken Cook emphasized Thursday. "It was about whether states retain the authority to provide stronger protections for their residents when federal regulations fall short, and whether ordinary Americans can hold powerful corporations accountable when their pesticides cause harm."
Despite returning to office with a promise to "Make America Healthy Again" alongside Health and Human Services Secretary Robert F. Kennedy Jr., President Donald Trump's administration "didn't sit on the sidelines—it lobbied the Supreme Court to strip Americans of their right to sue. And its tactics worked," Cook pointed out. "When a president uses the vast power of the federal government to protect a pesticide company from accountability—instead of the people he swore to serve—our system is no longer working for ordinary Americans."
"The ultimate losers are the American people," Cook concluded. "People who were exposed, workers who were never warned, consumers who trusted a label—they now have fewer tools to use to fight back. And the corporations responsible for that harm have more protection than ever."
Federal lawmakers who have fought against GOP efforts to pass a legislative "liability shield" for pesticide companies, including Sen. Cory Booker (D-NJ) and Congressman Thomas Massie (R-Ky.) joined Cook in ripping the ruling, as did Earthjustice senior attorney Patti Goldman, who said that it "allows Monsanto and other chemical companies to avoid responsibility when their labels leave people unprotected from serious harm."
As Farm Action president Angela Huffman also warned that the ruling "sets a dangerous precedent for other corporations seeking similar immunity," Sarah Starman, senior food and agriculture Campaigner at Friends of the Earth, took aim at the Supreme Court for issuing a decision that "sells out farmers, gardeners, and rural communities to multibillion-dollar pesticide corporations."
Food & Water Watch legal director Tarah Heinzen, also condemned the decision, declaring that "once again, the Supreme Court has sided with big business over people and the environment."
"Today's ruling is a disaster for public health—and it has Trump's name written all over it," said Heinzen. "If one needed any further proof that the president's feigned mission to 'Make America Healthy Again' was a farce, today's decision is all the evidence needed. Trump has been all too willing to endorse Bayer's crusade to pollute with impunity, while the administration doubles down on a failed pesticide regulatory scheme."
"Industrial agriculture is poisoning America," she stressed. "The fight against toxic pesticides does not end here. Congress must pass the Pesticide Injury Accountability Act to safeguard access to justice for all harmed by these toxic chemicals, and a Farm Bill that finally puts public health first. Until then, the Supreme Court has shut the courthouse doors to tens of thousands of sick and suffering Americans."
Kayla Hancock, director of Protect Our Care's Public Health Project, also called out Trump for dispatching US Solicitor General D. John Sauer to argue the case on the side of Bayer and its legal team.
"First Donald Trump signed an executive order plowing the field for increased glyphosate production despite the known health risks to help grow profits for his chemical industry donors," Hancock said. "Then Trump dispatched his [US Department of Justice] lawyers to help Big Chemical secure blanket immunity from at least 100,000 glyphosate-related liability claims."
"Sadly, the Supreme Court agreed to give glyphosate makers a free pass to poison Americans without warning," she added. "Donald Trump always has and always will prioritize big money corporate interests that benefit him, even if it means marginalizing the MAHA movement and concerned moms. And whenever Trump sells out public health to the highest industry bidder, there's no bigger apologist than his phony health secretary, RFK Jr."
Sen. Cory Booker said it "will overturn President Trump's executive order that prioritizes pesticide company profits over public health and ensure that people who have gotten cancer from glyphosate can seek justice."
On the heels of the US Supreme Court hearing arguments in Monsanto Company v. Durnell, Sens. Martin Heinrich and Cory Booker on Wednesday introduced legislation intended to overturn President Donald Trump's executive order mandating production of the highly contentious weedkiller at the center of that case.
"Since my time serving as a City Council member in Newark, I have seen firsthand the devastating harm caused by toxic chemicals in our communities," Booker (D-NJ) said in a statement. "That is why, this week at a rally in front of the Supreme Court, I stood with cancer survivors, activists, and Make America Healthy Again advocates to protest against providing a liability shield to foreign corporations that are poisoning the American people."
"It is why I filed an amicus brief to the Supreme Court supporting Americans who developed cancer after using a toxic pesticide in a case that will determine whether thousands harmed by glyphosate can have their day in court—and why I am a proud co-sponsor of the No Immunity for Glyphosate Act," he added, "legislation that will overturn President Trump's executive order that prioritizes pesticide company profits over public health and ensure that people who have gotten cancer from glyphosate can seek justice in federal court."
Despite Trump's campaign promise to "Make America Healthy Again," he has frequently served the pesticide industry, including by siding with Bayer—which bought Monsanto in 2018—in the case before the high court, and by signing the February order invoking the Defense Production Act for glyphosate, the active ingredient in Monsanto's Roundup.
Specifically, Trump directed US Secretary of Agriculture Brooke Rollins to ensure "a continued and adequate supply of elemental phosphorus and glyphosate-based herbicides." He also noted that domestic producers are required to comply with his order, and under the federal law he invoked, those doing so have broad legal immunity.
Just before Trump's order, Bayer announced a proposed settlement for the tens of thousands of people who say exposure to Roundup caused their cancer. Still, the company and the US Environmental Protection Agency (EPA) continue to claim glyphosate is safe, despite the World Health Organization's International Agency for Research on Cancer classifying it as probably carcinogenic to humans over a decade ago.
The case before the Supreme Court stems from a lawsuit and a resulting verdict in favor of John Durnell, a Missouri man whose blood cancer is in remission after multiple rounds of chemotherapy. The justices' decision could determine whether many others are able to continue pursuing cases against Bayer. Republicans are also pushing to include a "liability shield" for pesticide manufacturers in the next Farm Bill.
Meanwhile, Booker and Heinrich's (D-NM) bill states that "no federal funds may be obligated or expended to implement, administer, or enforce" Trump's glyphosate order, and "any person, or the estate, survivors, or legal representative of such person, who suffers or has suffered physical injury, illness, disease, or death caused, in whole or in part, by exposure to elemental phosphorus or a glyphosate-based herbicide manufactured, distributed, sold, or supplied within the United States, may bring a civil action in an appropriate district court of the United States against any covered entity."
Heinrich said Wednesday that "juries across the country are looking at the evidence and delivering verdicts: Exposure to glyphosate can cause cancer. The Supreme Court cannot and should not allow these verdicts to be overturned."
"My constituents' health and safety comes first. And I will not stand by while President Trump gives immunity to those who put my constituents' health and safety at risk," he added. "That’s why I’m proud to lead the No Immunity for Glyphosate Act, legislation that will restore accountability, uphold court rulings, and protect the health and well-being of families in New Mexico and across the country."
The bill is also backed by Sens. Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), and Peter Welch (D-Vt.). Reps. Thomas Massie (R-Ky.) and Chellie Pingree (D-Maine) introduced companion legislation in February, just after Trump's order. The lead sponsors in the House of Representatives also are working to strip the immunity shield from the Farm Bill and joined Booker at "The People v. Poison" rally outside the Supreme Court on Monday.
The next day, another House Democrat, Rep. Alexandria Ocasio-Cortez (NY), questioned EPA Administrator Lee Zeldin about the immunity shield in Trump's order, as well as his meeting with Bayer's CEO last year and some related internal emails.
"AOC smoked him in there," Drop Site News reporter Julian Andreone said on social media. "Red-handed."
"Bayer is intent on preserving its right to harm at all costs—a pursuit the Trump administration is all too willing to endorse," said a Food and Water Watch campaigner.
As pesticide critics held a "The People v. Poison" rally outside the US Supreme Court on Monday, the justices heard arguments in Monsanto Company v. Durnell, a case whose conclusion is expected to have sweeping implications for cancer patients trying to take on the Roundup maker—now owned by Bayer—in the country's legal system.
The case stems from John Durnell's 2019 lawsuit against Monsanto in Missouri state court, alleging that exposure to the herbicide Roundup—whose active ingredient is glyphosate—caused his non-Hodgkin lymphoma, a type of blood cancer. A jury found that the company failed to warn users of the risks associated with the weedkiller, and awarded Durnell $1.25 million in damages.
Bayer argued before the Supreme Court on Monday that Durnell—and others like him—should not be able to bring such a suit because the Federal Insecticide, Fungicide, and Rodenticide Act preempts state rules for labeling pesticides when the Environmental Protection Agency doesn't require a cancer warning. Bayer and the EPA continue to insist that glyphosate is safe, despite the World Health Organization’s International Agency for Research on Cancer classifying it as probably carcinogenic to humans over a decade ago.
As The Associated Press and Reuters reported, the justices appeared "divided" on Monday, with the AP noting that several "seemed sympathetic to the company's argument that it can't be sued under state law because federal regulators have found Roundup likely doesn't cause cancer. Others, though, grilled attorneys about whether that wrongly stops states from responding to changing research."
Patti Goldman, senior attorney at Earthjustice—which filed an amicus brief in this case on behalf of farmworker organizations—said in a statement that "questions from the justices recognized that the Environmental Protection Agency approves pesticide labels based on the evidence before the agency at a single moment in time, but that evidence can become outdated as real-world exposure grows and scientific studies document resulting harms."
"Federal law requires the manufacturers to update their labels to provide sufficient warnings and directions to protect the public," Goldman stressed, "and state failure-to-warn claims reinforce that obligation—while ensuring children, families, and workers have a path to seek remedies for the harm they suffer."
Other groups that have submitted amicus briefs include Environmental Protection Network—which is made up of former EPA staffers—and the Center for Food Safety, one of the advocacy organizations that joined the rally outside the court. The event was also attended by members of Congress from both major political parties.
"This isn't left v. right—it's right v. wrong," said US Sen. Cory Booker (D-NJ). "Big corporations and their lobbyists have captured both parties, putting profits over our families' health. I've fought Monsanto and Bayer for years, and just filed an amicus brief to the Supreme Court to protect our right to sue them for illnesses caused by their products."
Despite President Donald Trump's campaign promise to "Make America Healthy Again," the Republican recently issued an executive order mandating the production of glyphosate, and the US Department of Justice has sided with Bayer in this case—part of a broader trend of his administration serving the pesticide industry's interests.
"Monsanto Company v. Durnell will have enormous consequences for environmental health litigation," Food and Water Watch legal director Tarah Heinzen said Monday. "Bayer is intent on preserving its right to harm at all costs—a pursuit the Trump administration is all too willing to endorse. This case threatens to close the courthouse doors to the many Americans harmed by pesticides."
Heinzen argued that "should the Supreme Court hold that the Environmental Protection Agency's failed pesticide regulatory scheme preempts state failure to warn lawsuits, leaving tens of thousands of sick Americans without legal recourse, Trump and his industry-dominated EPA will be to blame."
"This high stakes case should be a wake-up call for Congress to act," the campaigner added. "Industrial agriculture's pesticide addiction is poisoning America. Congress must pass the Pesticide Injury Accountability Act to safeguard access to justice for all harmed by toxic pesticides."
As The American Prospect noted Monday in its "three-part series on Bayer's crusade for immunity from Roundup-related cancer claims," the company "is now aggressively lobbying Congress to permanently close the door" on the weedkiller's victims, and managed to get an immunity provision included in the 2026 Farm Bill that advanced out of the US House Agriculture Committee last month.
After joining the rally at the Supreme Court on Monday, Friends of the Earth (FOE) US led a protest outside Bayer's headquarters in downtown Washington, DC, delivering hundreds of thousands of petition signatures are calling on the company to phase out the production of toxic pesticides, including glyphosate and neonicotinoids.
"People are sick and tired of being exposed to toxic pesticides while pesticide corporations shirk responsibility," said FOE senior campaigner Sarah Starman, who spoke at the rally. "Bayer and other pesticide companies should not be allowed to profit from chemicals that threaten our health, harm our environment, and undermine the future of our food system. The hundreds of people who rallied outside the Supreme Court and the 200,000 people who signed comments to Bayer are demanding change."
In the leadup to the arguments before the nation's top court, the Environmental Working Group last week sued the Trump administration at the US Court of Appeals for the District of Columbia Circuit, accusing the EPA of unlawfully delaying its response to an EWG petition seeking stronger restrictions on glyphosate.
"The EPA's silence leaves families in the dark and falls far short of its responsibility to protect public health," declared EWG president and co-founder Ken Cook. "It's time for the agency to stop stalling and do its job.""The EPA's silence leaves families in the dark and falls far short of its responsibility to protect public health," said the Environmental Working Group's president.
Just days before the US Supreme Court is set to hear arguments related to glyphosate's health risks, the Environmental Working Group on Tuesday sued the Trump administration for unlawfully delaying its response to an EWG petition seeking stronger restrictions on "the most widely used herbicide in the United States and globally."
The filing at the US Court of Appeals for the District of Columbia Circuit calls out the US Environmental Protection Agency (EPA) for failing to act on evidence that glyphosate, the active ingredient in Monsanto's Roundup, "is exposing infants and young children to harmful levels through everyday foods."
EWG and its co-petitioners filed a formal administrative petition under the Federal Food, Drug, and Cosmetic Act in 2018, during President Donald Trump's first term, and amended it the following year. They want the EPA to revoke or modify the glyphosate policy for oats, so it's stricter, and restrict its use as a pre-harvest drying agent.
"Congress required EPA to ensure that pesticide residues in food are safe, with particular protection for children," the new filing states. "Yet, more than seven years after being presented with substantial scientific evidence that the current tolerance for glyphosate in oats may not meet that standard, EPA has failed to make any final, reviewable determination."
EWG president and co-founder Ken Cook declared in a Tuesday statement that "parents shouldn't have to second-guess whether everyday foods like cereal and snack bars are putting their children at risk of cancer."
"The EPA's silence leaves families in the dark and falls far short of its responsibility to protect public health," he continued. "It's time for the agency to stop stalling and do its job."
The World Health Organization's International Agency for Research on Cancer classified glyphosate as "probably carcinogenic" to humanity over a decade ago, while the EPA has repeatedly claimed that it is not likely to cause cancer in humans despite mounting research, the recent retraction of a landmark study on the pesticide's supposed safety, and legal battles between patients and Bayer, which bought Monsanto in 2018.
Next week, the nation's top court is set to hear arguments in a case that, as EWG warned Tuesday, "could have sweeping implications for whether farmers and consumers can keep pursuing lawsuits for harms linked to glyphosate, and whether states can require warning labels on glyphosate products."
The Wall Street Journal noted Monday that while the company continues to insist on glyphosate's safety, it "wants anyone with a claim to join the settlement" negotiated with a team of lawyers representing around 40,000 claimants that "would bring Bayer's total price tag to resolve the Roundup litigation to roughly $22 billion."
Despite Trump and Health and Human Services Secretary Robert F. Kennedy Jr.'s campaign promise to "Make America Healthy Again," the administration has notably sided with Bayer in the case before the Supreme Court, and the president in February even issued an executive order mandating the production of glyphosate.
"If anyone still wondered whether 'Make America Healthy Again' was a genuine commitment to protecting public health or a scam concocted by President Trump and RFK Jr. to rally health-conscious voters in 2024, today's decision answers that question," Cook said at the time. "It's a shocking betrayal to all of us but especially the people who live and work near farm fields where glyphosate is used."
Still, EWG is plowing ahead with its legal action, arguing that "the EPA has a clear legal duty to act on this petition, and it has simply refused to do so," as the group's general counsel and COO, Caroline Leary, put it. "This kind of delay has real consequences for families who rely on the agency to ensure children are not exposed to toxic farm chemical residues like glyphosate."
"This is exactly the kind of situation where courts are meant to step in," Leary added. "The EPA cannot avoid its responsibilities simply by doing nothing."
For decades Roundup has been sold as an effective herbicide, one that was safe for humans and the environment. It isn't.
Mark Twain supposedly once said, "Never let the truth get in the way of a good story," but there is a difference between a good story told in fun and a story (supposedly backed by independent scientific research) that people are led to believe because, well, science is supposed to be true. And so we come to the story of Roundup, the herbicide developed by Monsanto that swept the world because it worked and was the “safe” alternative to widely used weedkillers like Dicamba and 2,4-D,—it was said to be safer than table salt!
Roundup was developed in the 1970s as a non-selective herbicide, meaning it would kill almost any growing plant it touched. It was an effective burn-down herbicide farmers could apply prior to planting, and it assured an almost weed-free field at the beginning of the growing season. Roundup could be used in non-agricultural situations as well, to kill weeds and grass growing in sidewalk and patio cracks, around buildings, etc, but care was needed because, as noted, it was non-target and could kill whatever plant it touched.
For farmers, it worked well, except while it did kill growing weeds, buried weed seeds were not harmed, so a weed-free field at planting time did not ensure a weed-free field throughout the growing season. Weeds would continue to sprout, and more herbicide applications would be needed during the growing season.
Then Monsanto developed their big fix released in 1996, genetically engineered (GE) soybeans resistant to Roundup, followed by GE versions of other commodity crops: corn, cotton, sugar beet, and canola. Over-the-top spraying of these GE crops would kill everything but the crop, and Roundup became one of the most widely used herbicides in the world and GE crops came to dominate world commodity crop production.
Companies like Bayer have to protect their product and their profit even if they have to tell a few lies to do so.
While Monsanto sold Roundup with the slogan, “One spray is all you’ll ever need,” in time, it became clear that some weeds were developing resistance to Roundup and farmers were right back where they started, looking for herbicides that worked consistently. More genetic modifications were made to commodity crops making them resistant to other herbicides, like Dicamba and 2,4-D, the herbicides Roundup was supposed to have replaced. These multiple GE or “stacked” crops could be sprayed with a cocktail of herbicides, hopefully ensuring weed-free fields for the entire growing season.
Farmers are using more herbicide, even on the GE crops, and costs for GE seed have risen much faster than non-GE seed. Of course, the motive was never to reduce the farmer’s production costs or agricultural herbicide use but to increase it—that's where the profit is.
For farmers who didn’t jump on the GE bandwagon, finding non-GE seed is often difficult. Even more onerous, some farmers have found it necessary to plant GE seed as a preventative measure because non-GE crops can be damaged by chemical drift from neighboring GE fields.
So much for effectiveness, what about the safety of Roundup? In 2000 a study was published in the journal Regulatory Toxicology and Pharmacology that deemed the active ingredient in Roundup (glyphosate) was safe and not a human health risk. Since then, that study has been cited consistently as proof of Roundup’s safety. Numerous other studies have shown that glyphosate could cause cancer and that the inert ingredients that are part of the patented Roundup formulation increase the toxicity of glyphosate. Further, the practice of using Roundup as a desiccant on small grain crops (oats, wheat, and barley) prior to harvest puts Roundup directly on grain that enters the human food chain.
Since acquiring Monsanto in 2018, Bayer has paid out about $11 billion to settle almost 100,000 cancer-related lawsuits with approximately 61,000 still pending. In December of 2025 another blow to the claimed safety of Roundup came when the Regulatory Toxicology and Pharmacology journal withdrew the 2000 article that had touted Roundup’s safety. While the study claimed to be independent and peer reviewed, it has come to light that Monsanto's scientists played a significant role in conceiving and writing the article. Oops.
For decades Roundup has been sold as an effective herbicide, one that was safe for humans and the environment, and without which “consequences would be dire.” Companies like Bayer have to protect their product and their profit even if they have to tell a few lies to do so. They claim to produce safe products that help farmers thrive—real independent research refutes that. Bayer and the agribusiness industry may be thriving, but farmers are not and in these times, too few people seem to care that lies are accepted as truth.
"President Trump just gave Bayer a license to poison people," said one public health advocate. "Full stop.”
Less than a decade ago, US Health and Human Services Secretary Robert F. Kennedy Jr. helped win a landmark $289 million verdict against Monsanto, which was found to have distributed a weedkiller containing the carcinogenic chemical glyphosate.
But on Wednesday the nation's top health official could only shrug after President Donald Trump issued an executive order mandating the production of the chemical, which was found in 2015 to be “probably carcinogenic to humans” by the International Agency for Research on Cancer at the World Health Organization.
Trump invoked the Defense Production Act, which has historically been used to spur production of supplies needed for national security, to guarantee the supply of herbicides containing glyphosate, claiming a lack of such weedkillers would "critically jeopardize agricultural productivity, adding pressure to the domestic food system."
Kennedy, who like Trump promised on the campaign trail to confront dangerous pesticides and chemicals, said in a statement that the executive order "puts America first where it matters most—our defense readiness and our food supply." He also hinted during his confirmation hearing last year that the administration would treat glyphosate as a critical supply for farmers.
Ken Cook, president and co-founder of the Environmental Working Group, which supported some aspects of Kennedy's "Make America Healthy Again" agenda, said he couldn't "envision a bigger middle finger to every MAHA mom than this."
“If anyone still wondered whether ‘Make America Healthy Again’ was a genuine commitment to protecting public health or a scam concocted by President Trump and RFK Jr. to rally health-conscious voters in 2024, today’s decision answers that question,” said Cook. “It’s a shocking betrayal to all of us but especially the people who live and work near farm fields where glyphosate is used."
In addition to being linked to cancer, glyphosate has also been found to cause reproductive harms in some studies.
Zen Honeycutt, founder of the pro-MAHA group Moms Across America, said she was "disgusted" by the executive order.
The use of the Defense Production Act could provide Bayer, the pharmaceutical company that acquired herbicide maker Monsanto in 2018, with legal immunity if it is challenged in court again in public health lawsuits.
The executive order is "clearly designed to offer a broad immunity,” Brett Hartl, director of government affairs for the Center for Biological Diversity, told the New York Times.
The order comes months after a major study that had determined glyphosate was safe for humans was retracted by Regulatory Toxicology and Pharmacology, the scientific journal that had published it. It was found that scientists at Monsanto had participated in gathering data for, writing, and reviewing the paper, and that other authors had received compensation from the company for their work. The journal cited “serious ethical concerns regarding the independence and accountability of the authors" when it retracted the article.
The executive order was also announced a year after Bayer donated $1 million to Trump's inaugural committee.
During Trump's first term in 2017, two years after the WHO cancer agency determined glyphosate was likely carcinogenic, the US Environmental Protection Agency issued a finding that the chemical—which is used widely on soybeans, corn, and wheat and in home gardens—was safe.
This week, Bayer announced it had reached a deal to pay $7.25 billion to settle tens of thousands of health lawsuits regarding Roundup, the product that includes glyphosate as its active ingredient. The company continues to claim the herbicide is safe.
“By granting immunity to the makers of the nation's most widely used pesticide, President Trump just gave Bayer a license to poison people," said Cook. "Full stop.”
This article has been updated to note that International Agency for Research on Cancer, a committee of the World Health Organization, found glyphosate to likely be carcinogenic to humans in 2015.
"Now that much of the research finding glyphosate poses no cancer risk has been undermined, it is especially outrageous that the Trump administration is seeking to bolster Bayer's case," said one campaigner.
Just two days after President Donald Trump's administration sided with the maker of glyphosate-based Roundup over cancer victims in a US Supreme Court case, the scientific journal Regulatory Toxicology and Pharmacology retracted a landmark 25-year-old study on the pesticide's supposed safety, citing various ethical concerns involving Monsanto.
Bayer, which bought Monsanto in 2018, maintains that the weedkiller can be used safely and is not carcinogenic. However, the company faces thousands of lawsuits from people who developed cancer after exposure to its glyphosate products. The retraction stems from the US litigation, which in 2017 revealed Monsanto correspondence about the study.
While Bayer told the New Lede's Carey Gillam that Monsanto's role in the 2000 study was adequately disclosed, the journal's editor-in-chief, Martin van den Berg, does not agree. He wrote in an explanation for the retraction that "the apparent contributions of Monsanto employees as cowriters to this article were not explicitly mentioned as such in the acknowledgments section."
"This article has been widely regarded as a hallmark paper in the discourse surrounding the carcinogenicity of glyphosate and Roundup," he highlighted. "However, the lack of clarity regarding which parts of the article were authored by Monsanto employees creates uncertainty about the integrity of the conclusions drawn."
Of the study's three named authors—Gary M. Williams, Ian Munro, and Robert Kroes—only Williams is still alive. Van den Berg wrote that he reached out seeking an "explanation for the various concerns," but "did not receive any response."
The paper is reliant on company research. As van den Berg detailed, "the article's conclusions regarding the carcinogenicity of glyphosate are solely based on unpublished studies from Monsanto," and "the authors did not include multiple other long-term chronic toxicity and carcinogenicity studies, that were already done at the time of writing their review in 1999."
"Further correspondence with Monsanto disclosed during litigation indicates that the authors may have received financial compensation from Monsanto for their work on this article, which was not disclosed as such in this publication," he noted.
"The paper had a significant impact on regulatory decision-making regarding glyphosate and Roundup for decades," he continued. "Given its status as a cornerstone in the assessment of glyphosate's safety, it is imperative that the integrity of this review article and its conclusions are not compromised. The concerns specified here necessitate this retraction to preserve the scientific integrity of the journal."
It took years, but finally that Roundup paper ghost-written by Monsanto has been retracted. The whole episode is indicative of a terrible rot that is active in corners of scientific publishing.www.lemonde.fr/en/environme...
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— Joe Rojas-Burke (@rojasburke.bsky.social) December 3, 2025 at 11:58 AM
Michael Hansen, senior scientist of advocacy at Consumer Reports, emphasized the years between the retraction and the release of documents exposing Monsanto's role in the study. "What took them so long to retract it?" he asked Stacy Malkan of US Right to Know. "The retraction should have happened right after the documents came out."
Van den Berg, who has been in his role since 2019, told Malkan and Le Monde's Stéphane Foucart that he began reviewing the paper after a September article from Alexander Kaurov of New Zealand's Victoria University of Wellington and Naomi Oreskes of Harvard University.
Kaurov and Oreskes' article in the journal Environmental Science and Policy begins by stressing that "corporate ghostwriting is a form of scientific fraud" and goes on to examine the paper's influence—or as they put it, "how corporate authorship shaped two decades of glyphosate safety discourse."
The Netherlands-based van den Berg said that "it simply never ended [up] on my desk being at first primarily a US situation with litigation. The paper of Oreskes triggered it this summer and these authors made an official request and complaint."
He also told Malkan that "if you have more papers regarding Roundup published in RTP with possible problems, let me know."
Although Bayer on Wednesday pointed to the thousands of other studies on glyphosate and "the consensus among regulatory bodies worldwide," the retraction could affect both regulations and ongoing litigation. As Gillam reported:
Brent Wisner, one of the lead lawyers in the Roundup litigation and a key player in getting the internal documents revealed to the public, said the retraction was "a long time coming."
Wisner said the Williams, Kroes, and Munro study was the "quintessential example of how companies like Monsanto could fundamentally undermine the peer-review process through ghostwriting, cherry-picking unpublished studies, and biased interpretations."
"Faced with undisputed evidence concerning how this study was manufactured and then used, for over two decades, to protect glyphosate sales, the editor-in-chief... did the right thing," Wisner said. "While the damage done to the scientific discourse—and the people who were harmed by glyphosate—cannot be undone, it helps rejuvenate some confidence in the otherwise broken peer-review process that corporations have taken advantage of for decades. This garbage ghostwritten study finally got the fate it deserved. Hopefully, journals will now be more vigilant in protecting the impartiality of science on which so many people depend."
Le Monde's Foucart noted Wednesday that the retracted study "is cited around 40 times in the 2015 European expert report that led to the herbicide's reauthorization in 2017."
In the United States, Nathan Donley, environmental health science director at the Center for Biological Diversity—who has been highly critical of the Trump administration's various decisions favoring the pesticide industry that contradict its so-called Make America Healthy Again promises—urged the Environmental Protection Agency (EPA) to take action in response to the retraction.
"The pesticide industry's decades of efforts to hijack the science and manipulate it to boost its profits is finally being exposed," he said in a statement. "The EPA must take immediate action to reassess its finding that glyphosate is not a carcinogen. That means rather than relying on Monsanto's confidential research of its own product, the agency needs to follow the gold standard of independent science established by the World Health Organization in its finding that glyphosate probably causes cancer."
He also pointed to the Monday briefing in which US Solicitor General D. John Sauer urged the country's top court to hear a challenge to a verdict that awarded $1.25 million to a man who claimed Roundup caused him to develop non-Hodgkin lymphoma.
"Now that much of the research finding glyphosate poses no cancer risk has been undermined, it is especially outrageous that the Trump administration is seeking to bolster Bayer's case," Donley said. "Trump promised the American public his administration would protect Americans from dangerous chemicals and pesticides, but now it's throwing its full weight behind Bayer's desire to deny cancer victims their day in court. This is a massive betrayal of the public and an unabashed prioritization of corporate wealth over public health, plain and simple."
As city leaders from across the US gather this week to discuss our collective priorities, let’s reaffirm our commitment to protect access to the courts for all our communities.
As local leaders from across the country gather in Salt Lake City this week for the annual National League of Cities conference to advocate for the interests of local governments, the challenges of protecting and preparing our communities for the future are clearer than ever. Local governments and their taxpayers are being stretched thin. Between the rising cost of living, increasingly severe weather disasters, escalating maintenance costs, and other expenses, local leaders like us in Colorado, Wisconsin, and beyond are having to make tough decisions about our priorities—and the last thing we need is to have the tools at our disposal taken away from us.
And yet, there is a campaign in Congress right now that aims to do just that.
Goliaths of industry, including pesticide and oil companies, have been lobbying Congress for legal liability shields that would block communities from holding them accountable in court for any of their bad actions. No matter your politics, we should all agree that it’s dangerous and wrong to hand any industry a blanket get-out-of-jail-free card.
Bayer, the maker of Roundup, is asking Congress to put an end to the lawsuits the megacorporation is facing for the health harms its product has caused for years—and some lawmakers are actually pushing legislation that would do so.
Broad legal shields for entire industries would not only threaten local governments’ ability to pursue accountability, but also violate a core value of our justice system.
Similarly, lobbyists for oil and gas companies are lobbying federal lawmakers for a legal shield that could effectively put the fossil fuel industry above the law and block dozens of state and local lawsuits the companies are currently facing for deceiving the public about how their products’ fuel climate change. Municipalities in Colorado, one of our home states, are among the communities demanding that Big Oil companies pay their fair share of the climate costs taxpayers are now facing to adapt to an increasingly severe climate. Like tobacco and opioid companies, fossil fuel companies have long known their products were dangerous, but pushed disinformation to cover up the evidence and protect their profits, while our communities pay the price.
Plainly, our right to access the courts is under attack. Local leaders understand the power that comes from being able to access the courts, which is why the National League of Cities—which represents more than 2,700 cities across the country—has a standing commitment to oppose any federal legal shield that would undermine municipalities’ authority to bring affirmative litigation.
These attacks on our right to access the courts cannot stand. Broad legal shields for entire industries would not only threaten local governments’ ability to pursue accountability, but also violate a core value of our justice system. When bad actors lie to the public and cause harm in our communities, the legal system is supposed to serve as a fair venue—where arguments and evidence are considered—but that system is not possible when you take away our ability to present arguments and evidence at all.
Imagine if Big Tobacco or opioid manufacturers had secured legal immunity from Congress—communities decimated by cancer and addiction would never have been able to fund treatment centers and public health campaigns without first filing accountability lawsuits only made possible through access to the justice system.
As city leaders from across the US gather this week to discuss our collective priorities, let’s reaffirm our commitment to protect access to the courts for all our communities and speak with one voice across party lines to ensure that our congressional representatives do the same.
One critic called the report "a slap in the face to the millions of Americans, from health-conscious moms to environmental advocates to farmers, who have been calling for meaningful action on pesticides."
Health and environmental advocates are hammering a new report issued Tuesday by the Trump administration's Make America Health Again Commission for papering over dangers posed by pesticides and replicating the positions of powerful corporate interests.
According to StatNews, the MAHA report takes a "cautious line" on pesticides, and even includes a section recommending that the Environmental Protection Agency work "with food and agricultural stakeholders... to ensure that the public has awareness and confidence in [the Environmental Protection Agency's] pesticide robust review procedures."
As StatNews noted, this section in particular drew the ire of organic food advocate Elizabeth Kucinich—the spouse of Dennis Kucinich, who served as presidential campaign manager for Trump Health and Human Services Secretary Robert F. Kennedy Jr.—who said that it "reads like it was written by Bayer and Monsanto."
Zen Honeycutt, founder of the pro-MAHA group Moms Across America, similarly told StatNews that "we are deeply disappointed that the committee allowed the chemical companies to influence the report," even as she praised other parts of it.
Public interest advocacy groups, meanwhile, slammed the MAHA report, which they called wholly deferential to major industries.
"The MAHA Commission report is a gift to Big Ag," said Food & Water Watch senior policy analyst Rebecca Wolf. "Its deregulatory proposals read like an industry wish list. The truth is, industrial agriculture is making us sick. Making America healthy again will require confronting Big Ag corporations head on—instead, the Trump administration has capitulated."
Wolf added that the MAHA report lacks "any real action on toxic pesticides linked to rising cancer rates nationwide" and called it "shameful but not surprising" that the report barely mentioned so-called "forever chemicals" contaminating drinking water "while disregarding how elsewhere in the administration common-sense water safety rules are being weakened and canceled."
Sarah Starman, senior food and agriculture campaigner at Friends of the Earth, was even more scathing in her assessment of the report, which she called "a slap in the face to the millions of Americans, from health-conscious moms to environmental advocates to farmers, who have been calling for meaningful action on pesticides."
Like other critics, Starman heaped particular scorn upon the report's section on pesticides.
"Laughably, the report calls the EPA's lax, flawed, and notoriously industry-friendly pesticide regulation process 'robust,'" she said. "This, in spite of the fact that EPA currently allows more than 1 billion pounds of pesticide use on US crops each year, including the use of 85 pesticides that are banned in other countries because of the serious risks they pose to human health and the environment."
The Center for Food Safety (CFS) said that the MAHA report offered "a few crumbs" to health advocates, but was mostly filled with "hollow rhetoric."
George Kimbrell, legal director and co-executive director of CFS, also called out the report's claims about the EPA having a "robust" procedure for approving pesticides.
"There is nothing 'robust' about EPA's regulation of pesticides," he said. "In reality it is the antithesis of robust: it is an oversight system filled with data holes and regulation loopholes, lacking in public transparency, which has instead required decades of dogged public interest litigation to get EPA to do its most basic duties."
Environmental Working Group co-founder and president Ken Cook said that the report made a mockery of Kennedy's past promises to use his power to take on powerful industries.
"It looks like pesticide industry lobbyists steamrolled the MAHA Commission's agenda," he commented. "Secretary Kennedy and President Trump cynically convinced millions they'd protect children from harmful farm chemicals—promises now exposed as hollow."
Cook also took aim at the leaders of the MAHA movement, whom he described as "grifters exploiting the hopes and fears of health-conscious Americans in their quest for power jobs in Washington."