Mike Novak Quoted in Chemical Watch News Article on U.S. Supreme Court Ruling on FIFRA Preemption

Keller and Heckman Partner Mike Novak was quoted in the Chemical Watch News article, “US Supreme Court ruling on FIFRA preemption could ‘supercharge’ Prop 65 challenges.” The article focuses on Monsanto Co. v. Durnell, where the Supreme Court determined that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) overrides state-law failure-to-warn claims when those claims would require pesticide warnings that differ from or conflict with labels approved by the U.S. Environmental Protection Agency (EPA). This ruling could have significant implications for multiple Prop 65-listed insecticides, fumigants, and other biocides.

Mike noted that the Supreme Court’s decision “strengthens and broadens the federal preemption provisions” of FIFRA, thereby centralizing decision-making on pesticide warnings with EPA rather than the states. He explained that, while Durnell did not expressly address California’s Proposition 65, the decision could be used to challenge existing caselaw requiring warnings in “off-label labeling” for Prop 65-listed pesticides.

To read the full article, please click here.