The Washington Legal Foundation filed an amicus brief on March 3 urging the U.S. Supreme Court to reverse a Missouri ruling that allowed a state jury to impose liability despite federal pesticide labeling approved by the Environmental Protection Agency (EPA).
The case centers on whether state juries can hold companies liable for complying with federal labeling requirements, an issue with implications for businesses regulated at both the state and federal levels. The Washington Legal Foundation said it is concerned that allowing state-level verdicts to override federal regulatory determinations could undermine national consistency in labeling standards.
According to the brief, the Environmental Protection Agency has determined that glyphosate is not likely to be carcinogenic to humans and has rejected cancer-related warning labels as false and misleading. The Washington Legal Foundation filed the brief jointly with the U.S. Chamber of Commerce, Pharmaceutical Research and Manufacturers of America and the Product Liability Advisory Council, according to the organization.
The underlying case stems from a $1.25 million Missouri jury verdict in favor of Durnell, who alleged exposure to Roundup herbicide caused his non-Hodgkin lymphoma. More than 170,000 Roundup-related lawsuits have been filed nationwide, resulting in more than $10.9 billion in settlements, according to Bayer corporate filings.
Broader legal precedent cited in related regulatory debates includes the National Childhood Vaccine Injury Act of 1986, which was enacted after lawsuits involving the pertussis vaccine increased from one case in 1978 to 73 in 1984, leaving only one manufacturer by 1985. The law created the Vaccine Injury Compensation Program, which has since awarded $5.4 billion in no-fault compensation and maintains a trust fund balance of more than $4 billion, according to the Health Resources and Services Administration.
The Washington Legal Foundation is a nonprofit public interest law firm and policy center that advocates for free enterprise, individual rights and a balanced civil justice system. Founded in 1977, it has filed briefs in hundreds of U.S. Supreme Court cases addressing regulatory overreach and litigation issues.
