Supreme Court Sides with Monsanto in Roundup Case, Shielding Pesticide Companies from Failure-to-Warn Lawsuits

Today, the U.S. Supreme Court issued a deeply troubling ruling in Monsanto v. Durnell, siding with Monsanto and holding that federal pesticide law preempts state law failure-to-warn claims. The decision deals a major blow to families, farmworkers, and communities who rely on state courts to seek justice when toxic pesticide exposure causes serious illnesses. It also marks a major win for Monsanto and other pesticide manufacturers seeking to avoid accountability in litigation involving Roundup and other dangerous chemicals.

“Today’s ruling allows Monsanto and other chemical companies to avoid responsibility when their labels leave people unprotected from serious harm,” said Patti Goldman, Senior Attorney at Earthjustice. “The fact that EPA approved a pesticide label does not mean a product is safe, and it should not become a shield for companies that fail to warn about cancer risks, neurological harm, and other serious dangers.”

The ruling rests on Monsanto’s argument that state failure-to-warn claims impose labeling obligations in addition to what the EPA has required. However, EPA’s approval of a pesticide is often based on limited information at a single point in time, while the science around pesticide harms continues to develop. In cases involving Roundup, state court litigation helped reveal that Monsanto knew more about cancer risks than it disclosed and failed to provide adequate warnings to the public. By precluding these claims, the Supreme Court has eliminated an important backstop that protects people when federal regulation and oversight falls short.

Federal pesticide law provides no compensation for people injured by toxic pesticides, which means state courts have often been the only place families can recover medical costs, lost income, and damages for life-altering harm. Without state failure-to-warn claims, companies will have little incentive to ensure their pesticides will avoid causing harm.

Congress should pass legislation overriding this decision and making clear that no court ruling can strip people of their right to hold pesticide manufacturers accountable under state law when federal oversight falls short. After recently eliminating pesticide immunity language from the House Farm Bill, Congress should also ensure that no future rider or bill creates a legislative backdoor for chemical companies to secure immunity from state failure-to-warn claims.