Mere Compliance With FIFRA Is Not Always Enough To Preempt Failure To Warn Claims On Pesticide Labels

• Published date: 27 July 2022
• Law Firm: Taft Stettinius & Hollister
• Author: Mr E. Chase Dressman and Michael L. Meyer

The United States Court of Appeals for the 11th Circuit recently addressed and limited the scope of federal preemption available under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for state law tort claims based on alleged failure to warn of potential dangers associated with registered products. The ruling in Carson v. Monsanto Co. could have far reaching impact, as it states that even strict compliance with labeling requirements imposed by FIFRA and the Environmental Protection Agency (EPA) may not insulate against state law toxic tort claims.

FIFRA requires EPA approval of pesticides through a comprehensive licensing and registration scheme before such products are sold or distributed in the U.S. Among other requirements, companies seeking to register a FIFRA-regulated pesticide product must submit a proposed product label to the EPA. EPA then evaluates the entire label to ensure the adequacy of proposed usage instructions and to verify the absence of any false...