11th Cir. Reinstates Roundup Injury Case, Says Failure-to-Warn Claim Not Preempted
October 31, 2022
ATLANTA –– A federal appellate panel has reinstated a Roundup cancer case against Monsanto Co., ruling the plaintiff’s failure-to-warn claim is not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act because it does not seek to impose regulations that are “different from or in addition to” those required under Georgia state law.
In an Oct. 28 opinion, the 11th Circuit U.S. Court of Appeals panel further found that the Environmental Protection Agency’s registration process for Roundup is not sufficiently formal to carry with it the force of law such as to meet the threshold inquiry for federal preemption.