Monsanto Co. v. Durnell  No. 24-1068 (June 25, 2026) (J.Kavanaugh) https://www.supremecourt.gov/opinions/25pdf/24-1068_n7ip.pdf

FEDERAL INSECTICIDE, FUNGICIDE & RODENTICIDE ACT PREEMPTS STATE “FAILURE TO WARN” OF CANCER RISK CLAIMS

Monsanto developed, manufactured and sold a herbicide known as Roundup which contains a glyphosate-based herbicide. Roundup is a weed killer. Plaintiff sued Monsanto in Missouri state court claiming he had used Roundup for some 20 years as the neighborhood “spray guy”  and it caused him to sustain non-Hodgkin's lymphoma. Plaintiff's suit essentially alleged Monsanto was liable under products liability law for failing to warn consumers that Roundup could cause cancer. A jury agreed and awarded plaintiff $1.25 million.  The Missouri Court of Appeals affirmed rejecting defendant's claim that the Federal Insecticide, Fungicide, and Rodenticide Act [FIFRA] (7 U. S. C. §136v(b)) preempted the failure to warn claim.  The United States Supreme Court accepted certiorari and reversed and remanded.

The Environmental Protection Agency [EPA]  has evaluated glyphosate many times and determined it does not likely cause cancer. Regulatory agencies around the world agree. Hence, the EPA did not require Monsanto or other herbicide manufacturers  to place the cancer warning label on its product the plaintiff advocates should be there. FIFRA empowers EPA to “prescribe regulations to carry out the provisions of [FIFRA],” §136w(a)(1), and expressly directs EPA to register pesticides and “determin[e]” that the pesticide's “labeling” complies with FIFRA's many specific requirements.

The supreme court held that FIFRA expressly preempts state law failure to warn claims in its preemption clause, entitled “Uniformity,” provides that a “State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter.”  Monsanto is required to use the label approved and reapproved multiple times by the EPA which has no cancer warning. States are not permitted to require more under federal preemption law.