11th Circuit: Roundup Claim Neither Expressly Nor Impliedly Preempted by FIFRA

ATLANTA –– The 11th Circuit has concluded that Monsanto has failed to show that it could not have complied with both state and FIFRA requirements and, as such, a Roundup plaintiff’s failure-to-warn claim was neither expressly or impliedly preempted.

In the Feb. 5 opinion, the 11th Circuit U.S. Court of Appeals addressed whether the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts a state failure-to-warn tort claim.

Plaintiff John D. Carson Sr. asserted the underlying claims, contending that his use of Monsanto’s herbicide Roundup caused him to develop malignant fibrous histiocytoma. Monsanto moved for judgment on the pleadings, citing FIFRA’s …