This week, NALP submitted a letter to the California Supreme Court requesting that they grant a petition for review in Johnson v. Monsanto Co.. The Johnson case was the first case involving Roundup® containing the active ingredient glyphosate where products liability failure to warn claims were ruled against Monsanto. NALP filed this letter not in support of glyphosate but in support of the Federal Insecticide Fungicide and Rodenticide Act (FIFRA) process and the U.S. Environmental Protection Agency (EPA).
The decision in Johnson v. Monsanto Co. raises a conflict that could potentially undermine FIFRA as the cornerstone of how the landscape industry uses federal and state approved pesticides. In addition to the potential erosion of FIFRA, the decision in Johnson v. Monsanto Co. also raises a question of preemption with regards to federally approved labels and state failure-to-warn claims under state tort laws.
NALP is hopeful that the California Supreme Court will grant the petition for review to clarify the lower courts decisions to reinforce FIFRA.