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Supreme Court: federal pesticide law preempts Roundup cancer-warning claim

Responsible attorney: Lou Schwartz, Schwartz & Associates, PC, Atlanta, Georgia. intake@snalawyers.com

In Monsanto Co. v. Durnell, the Court held 7-2 that the Federal Insecticide, Fungicide, and Rodenticide Act preempts a state failure-to-warn claim that would require a cancer warning not included on Roundup's EPA-approved label. The Court reversed a Missouri appellate decision that had upheld a $1.25 million verdict and returned the case for further proceedings.

Why it matters. Failure-to-warn claims are central to many pending Roundup cases; how the ruling applies to claims that do not depend on the label will be decided case by case.

Sources

  1. Opinion (supremecourt.gov)

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