Products Liability Law Daily Wrap Up, SETTLEMENT AGREEMENTS—CHEMICAL PRODUCTS—Monsanto proposes $7.25 billion class settlement to resolve Roundup claims, (Feb 17, 2026)

By WK Editorial Staff

The settlement will not affect a preemption case currently pending before the U.S. Supreme Court.

Monsanto announced a proposed nationwide class settlement designed to resolve current and future claims alleging Non Hodgkin lymphoma injuries linked to Roundup™, outlining a long term compensation program subject to court approval. Leading plaintiff law firms filed a motion for preliminary approval of the agreement in the Circuit Court of the City of St. Louis, Missouri, on February 17, 2026. The company stated that the settlement and the U.S. Supreme Court’s decision to review the Durnell case form parallel components of its strategy to contain litigation involving glyphosate-based herbicides (Bayer AG News Release (Feb. 17, 2026)).

Under the proposal, Monsanto would fund the class through declining capped annual payments for up to 21 years, totaling up to $7.25 billion following final approval. The long-term payment structure is intended to address claims by individuals who allege exposure to Roundup™ before February 17, 2026, and who have received or will receive a medical diagnosis of Non Hodgkin lymphoma within 16 years after final approval. The settlement was negotiated with class representatives and several plaintiff law firms, including Holland Law Firm, Ketchmark & McCreight, Motley Rice, Seeger Weiss, Waters Kraus Paul & Siegel, and Williams Hart & Boundas.

Separate agreements. Monsanto also reached separate agreements to resolve additional Roundup™ cases on confidential terms and finalized settlements in eight outstanding PCB verdicts related to the Sky Valley Education Center in Washington. The company previously resolved PCB environmental cases with Illinois and West Virginia. Collectively, and subject to audit, these resolutions—including litigation expenses—will increase Bayer’s overall litigation provisions and liabilities from 7.8 billion euros as of September 30, 2025, to 11.8 billion euros. Bayer estimates litigation-related payouts of approximately 5 billion euros in 2026 and anticipates a negative free cash flow for the year. The company secured an $8 billion bank loan facility for immediate financing, with longer term financing planned through senior bonds and instruments with equity credit.

Supreme Court case. The U.S. Supreme Court’s decision to review the Durnell case—which concerns whether state failure to warn claims are preempted by federal law—remains unaffected by the class settlement. Monsanto stated that the appeal is critical for resolving substantial outstanding damage awards not covered by the proposed agreement. A favorable ruling could limit future state law warning claims. The class settlement, by contrast, is structured to resolve claims regardless of the legal theory and is intended to address claims that may persist irrespective of the Supreme Court’s eventual ruling.

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