Circuit Court Split Leads to Possible Supreme Court Review of Weedkiller Case

A recent ruling by the U.S. Court of Appeals for the Third Circuit, resulting in a circuit split ruling in a case over labeling on Roundup weedkiller, is potentially headed to the Supreme Court for review.

The case against Roundup’s parent company, Monsanto, seeks to clarify if a federal law mandating nationwide uniformity in pesticide labeling supersedes a Pennsylvania state law requiring a cancer warning on products potentially containing carcinogens.

In its ruling, the Third Circuit agreed with the defendant that federal law preempts the state law in this case. This ruling conflicts with rulings handed down by the Ninth and Eleventh Circuit Courts of Appeal, thus raising the prospect of an appeal to the Supreme Court to make a final decision on the matter.

For more information on the case and the conflicting Circuit Court rulings, click here.

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