Thursday, Jul 9, 2026
Does a ruling bar SD from adding differing health warnings to pesticide labels?
The ruling in Monsanto v. Durnell bars all sub-national entities from adding health warnings to pesticide labels different from the federal government’s.
Missouri farmer John Durnell sued Monsanto, the original creator of Roundup, after Durnell developed cancer, arguing the product label should have included the pesticide’s alleged cancer risk.
A jury awarded Durnell $1.25 million. The decision was appealed to the U.S. Supreme Court, which ruled against him in a 7-2 vote on grounds that states cannot impose labeling requirements “in addition to or different from” those required by the U.S. Environmental Protection Agency.
While the EPA and European Union stated Roundup is unlikely to be carcinogenic, the World Health Organization deemed it “probably carcinogenic to humans.”
The South Dakota Agri-Business Association supported the court’s decision, saying a consistent national standard helps agricultural retailers, applicators and farmers when selling, handling and applying crop protection products.
This fact brief is responsive to conversations such as this one.
Sources
- Supreme Court of the United States Monsanto Co. v. Durnell
- Revisor of Missouri Strict liability for failure to warn
- European Food Safety Authority Glyphosate: EFSA updates toxicological profile
- U.S. Environmental Protection Agency Glyphosate
- World Health Organization IARC Monograph on Glyphosate
- South Dakota Agri-Business Association SDABA Statement
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