Roundup SCOTUS Ruling Clears the Way for Clarity

The Supreme Court ruled in late June that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state-law claims regarding pesticide labeling.  Agriculture is counting the ruling as a major win that will keep an important tool in the market.  The decision effectively overturned a previous jury award and is expected to end many ongoing lawsuits related to the pesticide Roundup.  Elizabeth Burns-Thompson, Executive Director of the Modern Ag Alliance, said this ruling offers “three C’s” that every farmer wants.

“Having consistency, clarity, and like I said, certainty, both from the business side, but from those that are retailers in the supply chain, everywhere down to those farmers and applicators that are buying these products, they want certainty to know that there is a set of rules that they know how to follow, and that those aren't going to change from minute to minute or day to day or jurisdiction to jurisdiction,” she said.

Justice Brett Kavanaugh wrote for the 7-2 majority in the case.  Jennifer Dickey, Vice President and Deputy Chief Counsel for the US Chamber Litigation Center, said Kavanaugh often brings a pragmatic approach to the Court.

“EPA has regulations that require you to use this label," Dickey said.  "The state wants to add something to the label that EPA doesn't say you can do. Like obviously, there's a conflict there. Obviously, this express is adding something to the label, and the express preemption provision prevents that. So I thought that was a super practical approach that reflects someone who understands that legislation is not always as crisp as you want it.”

She says the previous lower court ruling had opened a Pandora’s box of labeling chaos.

“Having a patchwork of labels that apply based on which state you’re in is just impossible to comply with," Dickey continued.  "Like if you can imagine that if your Advil or your vitamin C supplements had the label had to be different depending on whether it was sold in Charlotte or across border in Rock Hill, South Carolina, it would be just impossible and significantly increase the cost of consumer goods.”

The EPA has not classified the glyphosate in Roundup as a carcinogen, and thus, no additional warning was required on the label.

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