The question
Whether FIFRA preempts a state-law failure-to-warn claim that would require a pesticide manufacturer to add a cancer warning to a label the EPA approved.
Monsanto v. Durnell
What the Court decided
The Court reversed the judgment against Monsanto and held that FIFRA preempts Durnell's state-law failure-to-warn claim. Because federal law requires Monsanto to sell Roundup with the label the EPA approved, and the EPA did not require a cancer warning, a state-law duty to add a cancer warning would impose a labeling requirement different from the federal one. FIFRA's uniformity clause bars states from imposing labeling requirements in addition to or different from those required under the federal statute.
How the justices split
7-2The Court's opinion
Kavanaugh, joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Barrett
FIFRA's uniformity clause bars a state from imposing labeling requirements in addition to or different from those required under federal law. The EPA approves a pesticide's label at registration and manufacturers must use that label unless and until the EPA approves or requires a change. Because the EPA approved Roundup's label without a cancer warning, a state failure-to-warn claim that would require adding one imposes a different labeling requirement and is preempted.
Concurring
Thomas, writing alone
Thomas joined the opinion of the Court in full and wrote separately to state additional views.
Dissenting
Jackson, joined by Gorsuch
Jackson would not have held Durnell's state-law failure-to-warn claim preempted by FIFRA.
How we know · 5 sourced claims
The Court held that FIFRA expressly preempts Durnell's state-law failure-to-warn claim because it would require Monsanto to add a cancer warning to Roundup's label.
Source: syllabus, Held
FIFRA's uniformity clause provides that a state shall not impose or continue in effect any labeling or packaging requirements in addition to or different from those required under the federal statute.
Source: syllabus, Held
The EPA had not required a cancer warning on glyphosate-based pesticides like Roundup, having concluded that glyphosate is not likely to cause cancer.
Source: syllabus, Held
Kavanaugh delivered the opinion of the Court, joined by Roberts, Thomas, Alito, Sotomayor, Kagan, and Barrett.
Source: syllabus, lineup
Jackson filed a dissenting opinion, joined by Gorsuch.
Source: syllabus, lineup