FIFRA Preempts Label-Based Failure-to-Warn Claims, Supreme Court Rules
On June 25, 2026, the Supreme Court held, 7-2, that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a state-law failure-to-warn claim alleging that Monsanto failed to warn users that the weedkiller Roundup causes cancer. The decision in Monsanto Co. v. Durnell concludes that EPA’s approval of a pesticide label without a cancer warning […]
Texas AG Launches Glyphosate Investigation into Major Food Companies
Texas Attorney General Ken Paxton has initiated an investigation into glyphosate residue in foods, especially foods containing oats, his office announced June 2, 2026. The investigation will examine whether major food companies are complying with Texas law and whether consumers have been misled by health claims on common food products. The office has already issued […]
Supreme Court to Weigh FIFRA Preemption in Roundup Cancer Warning Case
The Supreme Court has agreed to hear Monsanto’s appeal of a $1.2 million jury verdict in favor of a plaintiff who claimed Roundup weedkiller caused his cancer, focusing on whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state failure-to-warn claims when EPA has not required the warning. At the core of the dispute […]
Court Reinstates Suit Alleging Roundup “Expiration” Due to Impurity
Allegations that Monsanto’s popular Roundup-brand weedkillers degrade into a carcinogenic impurity will proceed, after the Ninth Circuit reinstated a proposed class action a district court had dismissed for failure to state a claim. Unlike the many personal injury suits over Roundup, the plaintiffs in this case assert purely economic harms. They allege that consumers would […]
California Glyphosate Warning Requirement Ruled Unconstitutional Compelled Speech
California’s requirement that glyphosate-containing products display a carcinogen warning violates the First Amendment, a Ninth Circuit Court of Appeals panel ruled in a 2-1 decision on November 7, 2023. The decision in the case Nat’l Assoc. of Wheat Growers v. Bonta affirmed a district court’s summary judgment and injunction against the requirement. Proposition 65 (known […]
EPA Sued Over Herbicide Registration Renewal
On June 6, 2023, the Center for Food Safety and two other environmental groups sued EPA over the Agency’s decision to renew registrations for Enlist One and Enlist Duo, two herbicides manufactured by Corteva Agrisciences, LLC. The case is currently pending before the U.S. District Court for the District of Columbia as Center for Food […]
Oral Arguments in Monsanto “Roundup” Case
On June 13, 2023, the full Eleventh Circuit heard oral arguments in the case Carson v. Monsanto Co. The case hinges on whether a Georgia law that requires Monsanto to warn consumers about risks the company knows about or has reason to know about is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). […]
Study Finds Roundup Cancer Risk Isn’t from Active Ingredient Glyphosate
A newly released study has found that glyphosate, the active ingredient in Roundup, may not be directly responsible for the increased risk of cancer that has been associated with the weedkiller. The study was conducted by a team of federal and private sector researchers who tested glyphosate and herbicide mixtures using glyphosate on human B-lymphoblastoid […]
EPA Revokes Interim Approval of Glyphosate
EPA recently withdrew its 2020 Interim Approval of glyphosate, often referred to by its trade name Roundup. Interim approvals are part of a conditional registration process used by the Agency to allow new active ingredients to enter the market for an unspecified period of time while the registrant generates missing data required by the Agency […]
Update on Roundup Appeal to the U.S. Supreme Court
Roundup has been the subject of countless lawsuits. One critical case is Monsanto v. Hardeman, 21-241. Bayer has petitioned the U.S. Supreme Court for relief. Recent Court action suggests that the Supreme Court might hear the case. In December the U.S. Supreme Court solicited the Biden administration’s opinion on whether to hear Bayer AG’s appeal of […]