FIFRA Does not Preempt Roundup Failure-To-Warn Claim, 11th Cir. Reiterates

ATLANTA — A federal appeals court has upheld a final judgment against Monsanto in a Roundup cancer case, affirming that the plaintiff’s failure-to-warn claim is neither expressly nor impliedly preempted because the company failed to show that it could not have complied with both state and federal requirements.

In a March 19 opinion, the 11th Circuit U.S. Court of Appeals relied upon its ruling in another Roundup case that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not preempt a state failure-to-warn tort claim.

“Because ‘the holding of the first panel to address an issue’ remains the law in …