SCOTUS: FIFRA Preempts State Failure-to-Warn Tort Claims

On June 25, 2026, the U.S. Supreme Court held in Monsanto Co. v. Durnell, No. 24-1068, that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempts state-law failure-to-warn claims alleging that a pesticide manufacturer failed to include a warning not required on its U.S. Environmental Protection Agency (EPA)-approved labeling. The Court reversed a Missouri decision upholding a jury verdict based on Monsanto’s alleged failure to include a cancer warning on Roundup and provided clarity to a preemption issue confronted by courts hearing product liability suits across the country.

Key Takeaways

In a 7–2 opinion by Justice Kavanaugh, the Court held that 7 U.S.C. § 136v(b), which bars states from imposing labeling requirements “in addition to or different from” federal requirements, preempts state tort claims alleging that a pesticide manufacturer failed to provide warnings that EPA has not required on the product’s approved label, at least where EPA has