https://www.law.com/2024/08/16/third-circuit-breaks-with-sister-courts-in-ruling-on-monsantos-preemption-arguments/
Photo: John Disney/ALMNEWS
While the Third Circuit held that the Federal Insecticide, Fungicide, and Rodenticide Act preempted plaintiffs’ state failure-to-warn claims, prior rulings from the U.S. Courts of Appeals for the Ninth and Eleventh Circuits on the same issue rejected Monsanto’s preemption arguments.
August 16, 2024 at 03:00 PM
3 minute read
What You Need to Know
- The Third Circuit ruled that a federal statute regulating pesticides prohibits states from imposing pesticide label requirements that differ from national regulations.
- The ruling splits from two other circuit court holdings on the issue.
- The opinion lends support to Monsanto in its efforts to fend off Roundup plaintiffs’ state failure-to-warn claims.
Monsanto has scored a legal win on a heavily litigated issue within the Roundup litigation.
In a departure from several earlier circuit court rulings, the U.S. Court of Appeals for the Third Circuit held Thursday that a federal statute regulating pesticides prohibits states from imposing pesticide label requirements that differ from national regulations. The three-judge panel unanimously ruled that the federal law therefore barred plaintiffs’ claims that Monsanto had a duty under Pennsylvania law to include a cancer warning on labels for Roundup.
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