Carson v. Monsanto Company

Court: U.S. Court of Appeals for the Eleventh Circuit

Date: October 2023

Issue on Appeal: Whether federal law preempts state-law failure-to-warn claims related to glyphosate-based herbicides, including whether manufacturers can be held liable under state law for alleged cancer risks despite federal labeling approvals.

RLC’s Position: The RLC argues that allowing inconsistent state-law failure-to-warn claims to proceed undermines the uniform regulatory framework established by federal law. Retailers and manufacturers rely on federally approved labeling to ensure compliance, and exposure to varying state standards creates uncertainty, increased litigation risk, and higher costs across the retail supply chain. A clear preemption standard is necessary to maintain consistency, predictability, and fairness in product regulation.

Other Amici: Chamber of Commerce of the United States; American Tort Reform Association; Product Liability Advisory Council; and other business and industry groups.

Counsel: Counsel from leading appellate and product liability practices representing amici curiae.