Supreme Court Hears Roundup Label Preemption Case

The U.S. Supreme Court heard oral arguments Monday in Monsanto Co. v. Durnell, a case examining whether federal pesticide law blocks state lawsuits claiming the company's Roundup weedkiller failed to warn of cancer risks. The dispute, stemming from a Missouri man's non-Hodgkin's lymphoma diagnosis after years of product use, could influence more than 100,000 similar claims against Bayer, Monsanto's owner.

John Durnell sued Monsanto in 2019, alleging decades of glyphosate exposure from Roundup caused his illness. A Missouri jury awarded him $1.25 million, finding the company liable for inadequate labeling. State appellate courts upheld the verdict, prompting Monsanto to appeal to the Supreme Court.

At issue is the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which states no requirements for pesticide labeling or packaging may be imposed that are "in addition to or different from" those under federal law. Monsanto argues the Environmental Protection Agency's approval of Roundup's label without a cancer warning preempts state failure-to-warn claims. The Justice Department supported this position, with Solicitor General's Principal Deputy Sarah Harris stating during...