High Court Takes Up Pesticide Label Case

Case could shape future rules for EPA approved crop protection labels

The U.S. Supreme Court announced on Friday, January 16, that it will hear an important case involving pesticide labeling authority. The case focuses on whether federally approved pesticide labels should remain the national standard for health and safety warnings. 

This decision follows a recent brief from the U.S. Solicitor General, which urged the Court to confirm that labels approved by the Environmental Protection Agency should not be challenged by state-level failure-to-warn lawsuits. The issue is especially important for farmers who rely on consistent and science-based rules when using crop protection products. 

The National Association of Wheat Growers welcomed the Court’s decision to review the case. The organization supports Bayer’s petition, which asks whether the Federal Insecticide, Fungicide, and Rodenticide Act overrides state claims when the EPA has not required additional warnings on a product label. 

The case, known as Monsanto Co. v. Durnell, could have wide-reaching effects on agricultural regulation. While oral arguments have not yet been scheduled, a final ruling could be announced as early as this summer. 

“NAWG welcomes the U.S. Supreme Court’s decision to review this case, which centers on a critical issue for America’s farmers. Crop protection tools reviewed and approved through the federal regulatory process are evaluated using rigorous science and risk-based standards to ensure the tools can be used safely and responsibly,” said Sam Kieffer NAWG CEO. 

“The Environmental Protection Agency’s determinations provide farmers with a nationwide clear and consistent framework for the use of crop protection tools. When state lawsuits conflict with federal approvals, it creates uncertainty for farmers who rely on EPA-approved products to help protect their crops from weeds and insects to produce a safe, affordable food supply. NAWG looks forward to the Court’s review and hopes it will reinforce the value of having a consistent science-based federal system governing crop protection,” said Kieffer. 

NAWG also warned that conflicts between state lawsuits and federal approvals can create uncertainty for farmers. The group hopes the Court’s review will reinforce the importance of a uniform, science-based federal system governing pesticide regulation while lawmakers continue to consider legislative solutions at both state and federal levels. 

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