A scant six weeks before the first bellwether case goes to trial alleging Monsanto failed to warn consumers that its weed killer Roundup contains an ingredient that has been linked to cancer, the company told the California federal judge overseeing the multidistrict litigation (MDL) that consumers’ failure to warn claims are preempted by federal insecticide law. Citing the Federal Insecticide, Fungicide, and Rodenticide Act, attorneys for Monsanto filed a motion for summary judgement claiming that the company cannot change its labeling or the formulation of its weed killer without approval from the Environmental Protection Agency (EPA). Monsanto’s attorneys further argued ... Read More
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