Monsanto seeks to defeat the 11th Circ. Roundup decision

By Emily Field (August 2, 2022, 4:39 p.m. EDT) — Monsanto on Tuesday asked the Eleventh Circuit to reconsider its recently released advice that the company must deal with allegations from a Georgia doctor who believes its Roundup weed killer caused her cancer, saying the decision does not align with US Supreme Court precedent.

In July, the Eleventh Circuit said in a unanimous published opinion that Dr. John Carson’s failure to warn complaint, filed under Georgia state law, is not preempted by federal law on insecticides, fungicides and rodenticides.

Only federal actions having the force of law can override state law, and the U.S. Environmental Protection Agency’s pesticide product registration process has none…

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