Supreme Court Rules Federal Law Preempts State Pesticide Warning Claims, Justice Jackson Dissents
The U.S. Supreme Court, in a 6-2 decision in *Monsanto v. Durnell*, has ruled that federal pesticide law expressly preempts state tort failure-to-warn claims when the Environmental Protection Agency (EPA) has registered a pesticide without requiring a specific warning. Authored by Justice Brett Kavanaugh, the majority opinion stated that a state-imposed duty for a cancer warning constitutes a state requirement for labeling that is 'in addition to or different from' the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The case originated from John Durnell's lawsuit against Monsanto, alleging that chronic use of Roundup caused his non-Hodgkin's lymphoma and that a cancer warning should have been included on the label. The EPA had registered Roundup without such a warning and has consistently determined that glyphosate is not likely to cause cancer. Justice Ketanji Brown Jackson, joined by Justice Neil Gorsuch, dissented, arguing that FIFRA's misbranding prohibition, which mand...