Eleventh Circuit withdraws previous opinion on glyphosate, hands Monsanto a loss

In a surprise change of reasoning, the Eleventh Circuit Court of Appeals withdrew an opinion the court had issued less than six months ago. Dealing a blow to a previous Monsanto win, the court held that the Georgia’s “failure to warn” laws were not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Regulatory background on glyphosate

  • Glyphosate (CAS RN 1071-83-6), commonly marketed as RoundUp, is an herbicide that has been in use in the United States since 1974. Glyphosate is used in a diverse number of agricultural practices to control weeds and is marketed in many different formulations to meet specific industry needs.

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