Hardeman v. Monsanto Co.

ORDER DENYING MOTION TO DISMISS AND MOTION TO STAY

VINCE CHHABRIA, United States District Judge

I

Monsanto argues that Hardeman’s failure-to-warn claims are preempted by the Federal Insecticide, Fungicide, and Roden-ticide Act, which prohibits states from “imposing] ... any requirements for labeling or packaging in addition to or different from” the requirements in FIFRA itself. 7 U.S.C. § 136v(b). But Hardeman’s failure-to-warn claims based on Roundup’s labeling are not preempted, because “a state-law labeling requirement is not preempted by § 136v(b) if it is equivalent to, and fully…