Panel’s New Opinion Still Reverses FIFRA Preemption Ruling Regarding Glyphosate

Mealey's (November 1, 2022, 2:33 PM EDT) -- ATLANTA — A panel of the 11th Circuit U.S. Court of Appeals has vacated and withdrawn its previous opinion and substituted a new ruling, concluding that a cancer victim’s failure-to-warn claim related to the herbicide Roundup, which contains the active ingredient glyphosate, is not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) or the actions of the U.S. Environmental Protection agency pursuant to FIFRA....