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 claim alleging that a pesticide label should have included a cancer warning? FIFRA expressly preempts state-law failure-to-warn claims that would require a pesticide manufacturer to add warnings to its label that were not required or approved by the EPA during the registration process.
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.
The question
Does the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) expressly preempt a state-law failure-to-warn claim alleging that a pesticide label should have included a cancer warning? This occurs in a context where the Environmental Protection Agency (EPA) has repeatedly evaluated the product and approved its label without such a warning. The Court must determine if requiring an additional warning under state tort law constitutes a requirement "in addition to or different from" those required under federal law.
Petitioner's argument
- FIFRA’s preemption clause, 7 U.S.C. § 136v(b), prohibits states from imposing labeling requirements "in addition to or different from" those required under the Act.
- Because the EPA approved Roundup's label without a cancer warning, federal law requires Monsanto to use that specific label unless and until the EPA approves a change.
- A state tort claim requiring a cancer warning imposes a labeling requirement that differs from and adds to existing federal obligations.
- The Court's decision in *Riegel v. Medtronic, Inc.* confirms that federal premarket approval of safety labels preempts contrary state-law safety requirements.
Respondent's argument
- A Missouri failure-to-warn claim is consistent with FIFRA because both the state law and the federal misbranding prohibition require manufacturers to provide adequate warnings to protect human health.
- Under 7 U.S.C. § 136a(f)(2), registration of a pesticide cannot be construed as a defense for the commission of any offense under FIFRA, suggesting that EPA approval is not conclusive.
- The EPA's regulations regarding "precautionary statements" (40 CFR §§ 156.60–156.70) apply only to acute hazards and do not create specific federal requirements for chronic risks like cancer.
- State tort suits serve as a necessary catalyst to encourage manufacturers to update labels in light of new safety information, as noted in *Bates v. Dow Agrosciences LLC*.
The decision
- The Court held that FIFRA expressly preempts the state-law failure-to-warn claim because it would require Monsanto to add a cancer warning not required by federal law.
- Under 7 U.S.C. § 136v(b), "Uniformity" is mandated, meaning states cannot impose labeling requirements "in addition to or different from those required under this subchapter."
- The Court noted that state tort duties constitute state labeling requirements, citing *Bates v. Dow Agrosciences LLC*, *Riegel v. Medtronic, Inc.*, and *Cipollone v. Liggett Group, Inc.*.
- To register a pesticide, the EPA must determine that the label contains all warnings "necessary and . . . adequate to protect health and the environment" and is not "false or misleading" under 7 U.S.C. §§ 136a(c)(5)(B) and 136(q)(1)(A), (G).
- Once approved, manufacturers are legally required to use that label unless the EPA approves a change, per 7 U.S.C. § 136a(f)(1) and 40 CFR §§ 152.44(a), 156.70(c).
- The Court applied the reasoning from *Riegel v. Medtronic, Inc.*, finding that FDA premarket approval of medical devices under a nearly identical clause (21 U.S.C. § 360k(a)) preempted additional state safety requirements.
- The Court distinguished *Bates v. Dow Agrosciences LLC* by clarifying that while efficacy claims may not be preempted, safety claims are thoroughly reviewed at registration and thus fall under the preemption clause.
- The Court rejected the argument regarding 7 U.S.C. § 136a(f)(2), stating it applies to EPA enforcement actions for violating FIFRA, not to state tort suits.
Separate opinions
Thomas, concurring
- Argues that FIFRA likely exceeds Congress's authority under the Commerce Clause (Art. I, § 8, cl. 3) by regulating intrastate agriculture and manufacturing (*United States v. Lopez*).
- Questions whether the delegation of power to EPA to make substantive rules punishable by fines violates the separation of powers (*Learning Resources, Inc. v. Trump*).
- Expresses doubt that administrative agency action can preempt state law under the Supremacy Clause (Art. VI, cl. 2) since "Laws" are made via bicameralism and presentment.
Jackson, dissenting (joined by Gorsuch)
- Argues the claim is equivalent to FIFRA's misbranding prohibition (§ 136j(a)(1)(E)) and thus not "in addition to" federal requirements (*Bates v. Dow Agrosciences LLC*).
- Contends that under 7 U.S.C. § 136a(f)(2), registration is only prima facie evidence of compliance and does not create a binding legal requirement that preempts state law.
- Distinguishes *Riegel v. Medtronic, Inc.* by noting the Medical Device Amendments lack a provision equivalent to § 136a(f)(2).