Supreme Court blocks lawsuits over chemical risks

Axios
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The Supreme Court ruled Thursday that consumers can't use state courts to bring "failure-to-warn" lawsuits against manufacturers that don't warn of hazards surrounding their products.

Why it matters: The case was a major friction point for activists in the "Make America Healthy Again" movement, who have been calling for a crackdown on chemicals like glyphosate, the active ingredient in the weedkiller Roundup, in the food supply.


Driving the news: In a 7-2 ruling, justices said federal pesticide law preempts a lawsuit against Monsanto, the maker of Roundup, for failing to include a warning about cancer risks on the label.

  • While Health Secretary Robert F. Kennedy Jr. has pointed to glyphosate as an environmental toxin that contributes to chronic disease, the Environmental Protection Agency, which regulates pesticides, has balked at characterizing it as harmful.
  • Federal law "requires Monsanto to sell Roundup with the label that EPA approved at the initial registration and that EPA has subsequently re-approved on multiple occasions—that is, the label without a cancer warning," Justice Brett Kavanaugh wrote for the majority.
  • Justices Ketanji Brown Jackson and Neil Gorsuch dissented.

Monsanto said the decision "is good for science, farmers, and industries that depend on regulatory clarity for innovation."

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