ELR Citation: 54 ELR 20120
No(s). 22-3075 (3d Cir. Aug 15, 2024)

The Third Circuit reversed a ruling that held FIFRA did not preempt state-law tort duties to include a cancer warning on a weedkiller label. A landscaper had argued the agrochemicals company that produces the weedkiller violated Pennsylvania law by omitting the cancer warning from its label. The appellate court concluded that because FIFRA implementing regulations required health warnings on a pesticide's label to conform to the proposed label approved by EPA during the registration process, and because during the company's registration process EPA approved labels omitting a cancer warning following extensive review of scientific evidence concerning the weedkiller's possible carcinogenicity, the alleged state-law duty to include the cancer warning on the label imposed requirements that were different from those imposed under FIFRA, and it was thus preempted by FIFRA.