Roundup Failure-To-Warn Claims Preempted by FIFRA, 3rd Cir. Rules

PHILADELPHIA — The 3rd Circuit U.S. Court of Appeals has ruled that claims accusing Monsanto Co. of failing to include a cancer warning on Roundup’s label are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) because they contravene the Environmental Protection Agency’s determination that glyphosate does not require a cancer warning.

On Aug. 15, the appellate court agreed with defendant Monsanto Co. that since a cancer warning is not required under FIFRA, Pennsylvania law cannot dictate otherwise.

Pennsylvania citizens David and Theresa Schaffner sued Monsanto in the Allegheny County Court of Common Pleas, alleging David’s non-Hodgkins lymphoma was …