The U.S. Supreme Court has resolved a pivotal case concerning the labeling of Monsanto’s Roundup pesticide, ruling in favor of the company. With a 7-2 decision, the court held that state lawsuits alleging Monsanto’s failure to warn consumers about possible cancer risks associated with Roundup’s main ingredient, glyphosate, are preempted by federal legislation governing pesticide regulation. Justice Brett Kavanaugh authored the majority opinion in Monsanto Company v. Durnell, asserting that federal law precludes these state-level claims, as the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) entrusts the Environmental Protection Agency (EPA) with the authority over pesticide labeling requirements.
The court’s decision was guided by the longstanding position of the EPA, which has repeatedly concluded that glyphosate does not warrant a cancer warning. Kavanaugh emphasized that federal law mandates Monsanto to uphold the EPA-approved label, which currently lacks any cancer warning. The ruling underscores the uniformity requirement articulated under FIFRA, which bars states from instituting additional labeling requirements beyond those sanctioned by federal standards. Read the full Supreme Court opinion.
In a dissenting opinion, Justices Ketanji Brown Jackson and Neil Gorsuch voiced their disagreement, indicating that the majority’s interpretation of FIFRA is flawed and neglects the provision’s intent. Justice Jackson contended that the decision undermines legitimate consumer protection efforts by misinterpreting the EPA’s role in the matter. She argued that FIFRA allows the EPA to review labels but not to determine the inclusion of cancer warnings indisputably. Thus, she positions the ruling as leaving affected plaintiffs without adequate recourse, despite legal precedents that rejected similar preemption claims at both state and federal levels.
The court’s ruling follows extensive legal battles and mounting concerns since the International Agency for Research on Cancer classified glyphosate as “probably carcinogenic to humans” in 2015, leading to numerous lawsuits against Monsanto. Over time, the company has disbursed significant amounts in settlements, even as it contends that claims concerning Roundup’s labeling should remain under the purview of FIFRA and the EPA rather than individual states. For further details on the context of these cases, refer to additional coverage by The New York Times.