Monsanto Ruling Denies Americans’ Right to Seek Justice, Gifts Chemical Corporations Immunity

Washington, DC - The following is a statement from American Association for Justice CEO Linda Lipsen following today's Supreme Court decision in Monsanto v. Durnell, immunizing manufacturers of dangerous pesticide products from accountability under state failure-to-warn laws and denying the rights of Americans to seek justice.

"Today's Supreme Court ruling gifts the manufacturers of dangerous pesticides immunity when they fail to warn Americans that their products can make people sick or kill them, denying individuals the right to hold chemical companies responsible for the mass harm these toxins cause. Corporate chemical companies pushing for immunity in red and blue states alike, and in the U.S. Congress, have been rightly and decisively rejected when faced with broad opposition from across the political spectrum. Today's decision tramples every state's right to protect its own citizens.

"This move by Bayer/Monsanto to undermine the will of the people and deprive Americans of their right to pursue accountability is deeply disturbing. Congress must take action to restore the rights of the farmers, families, and communities hurt by today's decision."

In her dissent, joined by Justice Gorsuch, Justice Ketanji Brown Jackson stated that the majority failed to understand FIFRA, the underlying federal statute, and that adding a cancer warning would not conflict with the law:

"Ultimately, the effect of the majority's interpretation is both remarkable and regrettable, for it unjustifiably closes the courthouse doors to state tort plaintiffs like Durnell."

Justice Jackson explained:

"In accepting Monsanto's argument and holding that Durnell's failure-to-warn claim is preempted, the Court misunderstands FIFRA's requirements, misinterprets the scope of FIFRA's preemption, and ultimately leaves Durnell without a remedy for the significant harms he has suffered."

The American Association for Justice (AAJ) filed an Amici Curiae Brief authored by Matthew W.H. Wessler & Gregory A. Beck of Gupta Wessler LLP and joined by Public Justice in April, urging the U.S. Supreme Court to protect the right of Americans to seek legal accountability and arguing that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) does not bar state failure-to-warn claims. Today's decision will immunize manufacturers of more than 57,000 pesticide products commonly found in homes, schools, and workplaces from accountability under every state's law.