U.S. Supreme Court and Federal Preemption

Sen. Cory Booker has filed an amicus brief with the U.S. Supreme Court in Monsanto Company v. John L. Durnell, backing a cancer patient who alleges Monsanto failed to warn about non‑Hodgkin lymphoma risks from long‑term exposure to Roundup’s active ingredient, glyphosate. The case turns on whether federal pesticide‑labeling law under FIFRA preempts state‑law failure‑to‑warn claims, a ruling that could effectively shut down or preserve thousands of Roundup lawsuits in state courts. Booker argues that Monsanto is asking the Court for a sweeping federal shield from liability that it has been unable to win from Congress, and says FIFRA sets minimum national standards but was never meant to bar state‑level suits that surface new safety concerns as science evolves. The Trump administration’s Justice Department has sided with Monsanto, telling the Court federal regulators’ approval of Roundup’s label should override state claims, while the company stresses the need for a uniform national labeling framework and cites hundreds of studies it says show glyphosate is safe. The brief comes as Bayer, Monsanto’s parent, has already paid more than $10 billion to resolve Roundup cases and is pursuing a proposed $7.25 billion settlement, and as scientific and regulatory bodies remain split, with the WHO calling glyphosate a probable carcinogen and the EPA saying it is unlikely to cause cancer when used as directed.