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Third Circuit Breaks With Sister Courts in Ruling on Monsanto’s Preemption Arguments

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Third Circuit Breaks With Sister Courts in Ruling on Monsanto’s Preemption Arguments | The Legal Intelligencer
















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https://www.law.com/thelegalintelligencer/2024/08/16/third-circuit-breaks-with-sister-courts-in-ruling-on-monsantos-preemption-arguments/

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NEWS

While the Third Circuit held that the Federal Insecticide, Fungicide, and Rodenticide Act preempted plaintiffs’ state failure-to-warn claims, prior rulings from the U.S. Courts of Appeals for the Ninth and Eleventh Circuits on the same issue rejected Monsanto’s preemption arguments.

August 16, 2024 at 03:00 PM

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What You Need to Know

  • The Third Circuit ruled that a federal statute regulating pesticides prohibits states from imposing pesticide label requirements that differ from national regulations.
  • The ruling splits from two other circuit court holdings on the issue.
  • The opinion lends support to Monsanto in its efforts to fend off Roundup plaintiffs’ state failure-to-warn claims.

Monsanto has scored a legal win on a heavily litigated issue within the Roundup litigation.

In a departure from several earlier circuit court rulings, the U.S. Court of Appeals for the Third Circuit held Thursday that a federal statute regulating pesticides prohibits states from imposing pesticide label requirements that differ from national regulations. The three-judge panel unanimously ruled that the federal law therefore barred plaintiffs’ claims that Monsanto had a duty under Pennsylvania law to include a cancer warning on labels for Roundup. 

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