Logo courtesy of RISE
As of Thursday, June 25, the U.S. Supreme Court has issued its decision in the Monsanto v. Durnell case to address whether federal pesticide law (FIFRA) preempts a label-based failure-to-warn claim where the U.S. Environmental Protection Agency has not required the warning.
Justice Brett Kavanaugh delivered the opinion of the court:
"Under authority granted by the Federal Insecticide, Fungicide, and Rodenticide Act, the Environmental Protection Agency regulates pesticides, including pesticide labels. As relevant here, EPA regulates Roundup, a glyphosate-based pesticide manufactured by Monsanto. Because EPA has repeatedly concluded that glyphosate is not likely to cause cancer, the agency has not required a cancer warning on Roundup’s label."
RISE (Responsible Industry for a Sound Environment), prepared the following holding statement:
"We are pleased that today’s decision recognized the Congressionally mandated role of the United States Environmental Protection Agency (EPA) to approve consistent and science-based pesticide labels. This decision provides greater certainty for companies to continue investing in U.S. research, development and manufacturing operations. This regulatory certainty helps bring innovative pest management and plant health tools to professional applicators and consumers, protecting people, infrastructure and the environment across the country."
According to the release, RISE is coordinating with CropLife America on review and response in the matter. Access the full Supreme Court decision here.
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