Monsanto Asks 11th Circ. To Create Roundup Label Precedent

Law360 (June 7, 2021, 3:47 PM EDT) -- In a question of first impression for the Eleventh Circuit, Roundup maker Monsanto has urged the appellate court to rule that federal law preempts state law claims alleging the company failed to warn weedkiller buyers that a chemical in the product causes cancer.

Monsanto Co., a subsidiary of Bayer AG, defended its trial court win in a brief to the appellate court on Friday, arguing the circuit should hold the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA, prohibits such a warning because it would be contrary to decades of advice from the U.S. Environmental Protection Agency.

The EPA has long...

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