Monsanto's Roundup Cancer Claims are Not Preempted by FIFRA, Judge Rules

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by toxic substances, is commenting on a recent court ruling regarding a lawsuit alleging Monsanto's Roundup weed killer is to blame for a man's cancer. According to court documents, U.S. District Judge Vince Chhabria refused to dismiss the lawsuit on the basis of preemption by the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). The case is Hardeman v. Monsanto Company et al., number 3:16-cv-00525, in the U.S. District Court for the Northern District of California.

The lawsuit was filed on behalf of a man who was diagnosed with non-Hodgkin's lymphoma in 2015, allegedly due to longtime use of Roundup. He alleges Monsanto failed to adequately warn about the carcinogenic risks associated with Roundup. In attempting to have the plaintiff's case dismissed, Monsanto argued that the plaintiff's failure-to-warn claims were preempted by FIFRA. Court documents indicate that this argument failed entirely, with Judge Chhabria flatly rejecting the argument. The California federal judge found the plaintiff's failure-to-warn claims valid and not preempted by FIFRA.

According to Parker Waichman, FIFRA established regulations to protect consumers from harmful pesticides. The Act indicates against imposing labeling or packaging requirements that differ from FIFRA requirements. Although Monsanto tried to argue otherwise, the court found the plaintiff's failure-to-warn claims to be consistent with the Act. According to court documents, FIFRA requires pesticide labels to "contain a warning or caution statement which may be necessary and if complied with €¦ is adequate to protect health and the environment.€ California law is similar, mandating that manufacturers warn about any known risks or at least those risks that "a reasonably prudent manufacturer would have known and warned about." The order notes that California law may sometimes allow manufacturers to dodge liability when a warning would be unreasonable. The plaintiff's lawsuit, however, stems from FIFRA's stricter provision requiring an €œadequate€ warning.

Roundup contains glyphosate as its active ingredient. In April 2015, the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) classified glyphosate as €œprobably carcinogenic to humans.€ That same year, Roundup was banned in France.

Parker Waichman LLP offers free consultations to individuals diagnosed with cancer, allegedly due to Monsanto's Roundup herbicide. For more information, please [visit the firm's Roundup Leukemia page](http://www.yourlawyer.com/topics/overview/monsanto-roundup-herbicide-linked-leukemia-cancer) at [www.yourlawyer.com](http://www.yourlawyer.com/). Free evaluations are also available by calling 1-800-LAW-INFO.

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