US Supreme Court Hands Down Favorable Ruling in Durnell vs. Monsanto Case

This past week, the U.S. Supreme Court voted 7-2 affirming that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts state-law-based failure-to-warn claims when the U.S. Environmental Protection Agency (EPA) has made a definitive determination on product safety.  It is believed this decision will bring “containment” to the ongoing Roundup litigation.  For years, US EPA has repeatedly determined that glyphosate is not likely to be carcinogenic.  In fact, many leading independent regulatory bodies worldwide, including the European Food Safety Author have come to the same conclusion. Association President/CEO Roger A. Isom stated, “Once and for all the Supreme Court has brought an end to the meritless litigation and made a decision that gives farmers certainty that regulatory decisions on pesticide labels will be based on sound and proven science.”   In the Durnell case, EPA would have had to include a cancer warning  on Roundup’s label despite clear science showing otherwise.  This ruling ends the uncertainty surrounding glyphosate, and gives farmers protection against states making conflicting, and misleading label requirements contrary to FIFRA.