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Supreme Court Says Federal Pesticide Law Bars State Roundup Failure-to-Warn Claims

The decision interprets FIFRA to prevent state suits where the EPA did not require a cancer warning and could sharply reduce pending Roundup liability for Bayer.

Overview

  • The Supreme Court issued the ruling on Thursday that federal pesticide law can preempt state failure-to-warn claims when the Environmental Protection Agency has not required a cancer warning on a product label.
  • Justices based the decision on the Federal Insecticide, Fungicide and Rodenticide Act by finding that state courts cannot impose warning duties that conflict with the EPA’s labeling determinations.
  • The ruling is likely to lead to dismissal or major narrowing of many pending Roundup lawsuits and to lower the company’s exposure from the large wave of past jury awards and current filings.
  • The Court’s legal judgment does not settle the scientific question of whether glyphosate causes cancer because courts resolve legal responsibility under different standards than scientific bodies use to assess population risk.
  • Plaintiffs and lawyers are weighing alternative paths such as design-defect or negligence claims unrelated to labels, refiling strategies, settlements, and possible legislative or regulatory responses while early media reports showed varying details of the decision.