Supreme Court issues landmark ruling in Roundup labeling case

The U.S. Supreme Court issued a 7-2 ruling Thursday in Durnell v. Roundup, finding that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law failure-to-warn claims when the U.S. Environmental Protection Agency (EPA) has made a definitive determination regarding a product’s safety.

The majority opinion states: “Durnell’s state law failure-to-warn claim would require a cancer warning on Roundup’s label — a requirement ‘in addition to’ and ‘different from’ the label required by EPA under FIFRA. FIFRA therefore expressly preempts Durnell’s claim.”

The ruling is expected to affect both current and future failure-to-warn lawsuits involving glyphosate, which make up the majority of litigation surrounding the herbicide.

“This decision is good for American farmers who help feed the world,” said Bill Anderson, CEO of Bayer. “It provides the regulatory clarity necessary for innovators like us to develop the agricultural tools that guarantee an affordable food supply.”

Anderson said the litigation has imposed significant costs on the company and eroded public trust, adding that Bayer will continue to pursue its previously announced litigation containment strategy.… Continue reading