Dennis Raglin was quoted in a Daily Journal article titled “Bayer Roundup Win Expected to Doom Thousands of Claims.” The article discusses the recent U.S. Supreme Court decision in Monsanto v. Durnell, setting the precedent that U.S. Environmental Protection Agency (EPA) regulations preempt state-level requirements regarding cancer warnings for pesticide products, shielding manufacturers like Bayer from liability in failure-to-warn litigation.
Raglin stated that the ruling could have impacts that extend beyond the Roundup cases, stating that several courts have now struck down labeling requirements either on preemption or First Amendment grounds. “This is definitely not the last challenge we’re going to have given that so many different chemicals are regulated by federal agencies,” he said. “It doesn’t spell the death knell for Prop. 65, but it gives defendants the wind at their backs.”
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