Monsanto Co. v. Durnell
No. 24-1068 · Decided June 25, 2026 · reversed and remanded
Does the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempt a state-law failure-to-warn tort claim? FIFRA expressly preempts state-law failure-to-warn claims that would require a pesticide manufacturer to add a warning to its label that the EPA has not required.
CERTIORARI TO THE COURT OF APPEALS OF MISSOURI, · Argued April 27, 2026
Parties — Petitioner: MONSANTO CO. · Respondent: DURNELL
Vote & lineup7–2 on the judgment. Kavanaugh delivered the opinion of the Court, joined by Roberts, Thomas, Alito, Sotomayor, Kagan, Barrett (7). Dissent(s): Jackson (joined by Gorsuch). Concurrence(s): Thomas.
Who prevailed — The petitioner (Monsanto Company) prevailed on the grounds that its failure-to-warn liability was expressly preempted by federal law.
The question

Does the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempt a state-law failure-to-warn tort claim? Specifically, does the act preempt a claim alleging that a pesticide label should have included a cancer warning when the EPA approved the label without one? The Court must determine if such a state-law requirement is "in addition to or different from" federal labeling requirements.

Petitioner's argument
  • FIFRA's "Uniformity" clause, 7 U.S.C. §136v(b), prohibits states from imposing labeling requirements "in addition to or different from" federal requirements.
  • The EPA approved Roundup's label without a cancer warning, and federal law requires Monsanto to use that specific label.
  • A state-law failure-to-warn claim effectively mandates a cancer warning, which contradicts the federal requirement to use the EPA-approved label.
  • Under *Riegel v. Medtronic, Inc.*, federal premarket approval of safety labels preempts contrary state-law safety requirements.
Respondent's argument
  • A Missouri failure-to-warn claim is equivalent to FIFRA's own misbranding prohibition, which requires "adequate" warnings to protect health.
  • Under 7 U.S.C. §136a(f)(2), registration is only "prima facie" evidence of compliance and cannot be used as a defense for offenses.
  • The EPA's registration process does not create a binding "requirement" that prevents the addition of necessary safety warnings.
  • Adding a cancer warning could be considered a "minor modification" under 40 CFR §152.46 that does not require prior EPA approval.
The decision
  • The Court held that FIFRA expressly preempts the respondent's state-law failure-to-warn claim.
  • The Court applied the "Uniformity" clause of 7 U.S.C. §136v(b), which prevents states from imposing labeling requirements "in addition to or different from" those required under FIFRA.
  • The Court reasoned that EPA's registration process requires a determination that labels contain all warnings "necessary and... adequate to protect health and the environment" and are not "false or misleading" under 7 U.S.C. §§136a(c)(5)(B) and 136(q)(1)(A), (G).
  • Once EPA approves a label, manufacturers are legally required to use it under 40 CFR §§152.44(a) and 156.70(c), and failure to do so can lead to penalties under 7 U.S.C. §§136j(a)(1)(E) and 136l.
  • Relying on *Bates v. Dow Agrosciences LLC*, the Court noted that state tort duties constitute state labeling requirements.
  • The Court invoked *Riegel v. Medtronic, Inc.*, finding that FDA premarket approval of medical devices—which is nearly identical to EPA's pesticide registration—preempts state-law claims based on additional safety requirements.
  • The Court rejected the argument that 7 U.S.C. §136a(f)(2) applies here, stating that the provision bars registration as a defense to EPA enforcement actions, not state tort suits.
  • The Court concluded that because federal law requires the use of the EPA-approved label (which lacks a cancer warning), a state claim requiring such a warning is "in addition to" and "different from" federal obligations.
Separate opinions
Thomas, concurring
  • Argues FIFRA may exceed Commerce Clause authority (Art. I, §8, cl. 3) by regulating intrastate agriculture and manufacturing.
  • Questions whether the delegation of rule-making power to the EPA under 7 U.S.C. §136w(a)(1) violates the separation of powers.
  • Questions if agency actions can preempt state law under the Supremacy Clause (Art. VI, cl. 2) if they are not "Laws" made via bicameralism and presentment.
Jackson, dissenting (joined by Gorsuch)
  • Argues the claim is equivalent to FIFRA's misbranding prohibition and thus not "different from" federal requirements, citing *Bates v. Dow Agrosciences LLC*.
  • Contends that 7 U.S.C. §136a(f)(2) proves registration is only *prima facie* evidence of compliance and does not create a binding "requirement" that preempts state law.
  • Asserts that cancer warnings could be "minor modifications" under 40 CFR §152.46 that do not require prior EPA approval.