On January 16, 2026, the Supreme Court granted certiorari in Monsanto Co. v. Durnell (24-1068) to address the following question: “Whether the Federal Insecticide, Fungicide, and Rodenticide Act [FIFRA] preempts a label-based failure-to-warn claim where EPA has not required the warning.”
The answer to this question could result in dismissal of tens of thousands of pending state law personal injury claims alleging that Monsanto, now Bayer AG, failed to include a cancer warning on the U.S. Environmental Protection Agency-regulated labels for its Roundup herbicide products.
My Law360 guest article, Justices’ Monsanto Decision May Fix A Preemption Problem, not only discusses the Durnell case, but also my nearly 40-year perspective on the FIFRA preemption issue.