Hot take: I dislike Monsanto with a passion and think their soaking the modern agricultural world in roundup, along with their crooked schemes targeting farmers and their 'roundup ready' GMO crops deserve harsh criminal penalties.
However this was the right legal ruling. The crux of the issue is that Federal law, FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) involves requiring specific labels for such chemicals. For Monsanto to sell Roundup they are required to use the EPA approved label without any changes, and the act also preempts States from requiring different labels.
At issue here is that the individual, Durnell, sued at the state level to require Monsanto to publish a cancer warning label on Roundup.
Were they to do so they would federally no longer be able to sell Roundup because their label now diverged from the EPA approved label. The EPA's continued position (which the EPA has reexamined over the years) is that Roundup does not cause cancer, so the EPA has not required a label changed.
Ultimately current federal law preempts a state from enforcing different label requirements, and the EPA's current guidance is not in agreement with the plaintiff's.
I think the preemption is actually a good thing overall, otherwise every chemical would be labeled with "This product in the State of California is known to cause cancer. In the State of Texas this product is known to cause Minty Fresh Breath and we recommend a minimum of two applications to skin, eyes, and other mucous membranes a day as part of a balanced diet."
I think the EPA is absolutely the weak link here, and they have been gutted and are a withered husk of their former science and evidence-forward selves. But that was not the question posed to the court, which was "Can an individual compel a chemical company at the state level to change their federally standardized and required product labelling?"
The actual ruling is very enlightening. Jackson and Gorsuch were the two dissenters in the 7-2 vote, and their dissent is worth a read as well.
I would in general agree with what youve presented here but then how does that translate into immunity from future cancer lawsuits?
Your talking about labelling requirements and the headline is implying if I get cancer from getting soaked with roundup I cant sue despite the lack of warning on the label?
A key trait of fascism is the collusion of the state and the private sector. Of course a fascist SCOTUS is going to favor corporations: that's what fascists do.
Expect Harlan Crow to buy Clarence Thomas new tires for his Winnebago very soon.
28
Supreme Court Gives Pesticide Corporations Immunity from Cancer Lawsuits | Spyke
Hot take: I dislike Monsanto with a passion and think their soaking the modern agricultural world in roundup, along with their crooked schemes targeting farmers and their 'roundup ready' GMO crops deserve harsh criminal penalties.
However this was the right legal ruling. The crux of the issue is that Federal law, FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) involves requiring specific labels for such chemicals. For Monsanto to sell Roundup they are required to use the EPA approved label without any changes, and the act also preempts States from requiring different labels.
At issue here is that the individual, Durnell, sued at the state level to require Monsanto to publish a cancer warning label on Roundup.
Were they to do so they would federally no longer be able to sell Roundup because their label now diverged from the EPA approved label. The EPA's continued position (which the EPA has reexamined over the years) is that Roundup does not cause cancer, so the EPA has not required a label changed.
Ultimately current federal law preempts a state from enforcing different label requirements, and the EPA's current guidance is not in agreement with the plaintiff's.
I think the preemption is actually a good thing overall, otherwise every chemical would be labeled with "This product in the State of California is known to cause cancer. In the State of Texas this product is known to cause Minty Fresh Breath and we recommend a minimum of two applications to skin, eyes, and other mucous membranes a day as part of a balanced diet."
I think the EPA is absolutely the weak link here, and they have been gutted and are a withered husk of their former science and evidence-forward selves. But that was not the question posed to the court, which was "Can an individual compel a chemical company at the state level to change their federally standardized and required product labelling?"
The actual ruling is very enlightening. Jackson and Gorsuch were the two dissenters in the 7-2 vote, and their dissent is worth a read as well.
https://www.supremecourt.gov/opinions/25pdf/24-1068_n7ip.pdf*
I would in general agree with what youve presented here but then how does that translate into immunity from future cancer lawsuits?
Your talking about labelling requirements and the headline is implying if I get cancer from getting soaked with roundup I cant sue despite the lack of warning on the label?
A key trait of fascism is the collusion of the state and the private sector. Of course a fascist SCOTUS is going to favor corporations: that's what fascists do.
Expect Harlan Crow to buy Clarence Thomas new tires for his Winnebago very soon.