ELR Citation: 54 ELR 20019
No(s). 21-10994 (11th Cir. Feb 5, 2024)

The Eleventh Circuit vacated a district court's conclusion that FIFRA expressly preempted a state failure-to-warn claim brought by a Georgia landowner against the manufacturer of the weedkiller Roundup. The landowner argued the weedkiller caused his cancer and sued the manufacturer for failing to warn of the product's carcinogenic effects. The manufacturer argued FIFRA preempted the landowner's claim because EPA approved Roundup's label without a cancer warning and classified its main ingredient as "not likely to be carcinogenic." The district court agreed and dismissed the claim. The appellate court found that neither express nor implied preemption barred the claim because Georgia common law does not impose duties "in addition to or different from" FIFRA's requirements and the manufacturer failed to show it could not have complied with both state and FIFRA requirements. It vacated the district court's conclusion and remanded for further proceedings.