Carson v. Monsanto Co.

The plaintiff in this case, John D. Carson, Sr., sued Monsanto, asserting claims arising from his exposure to the pesticide Roundup. After the district court held that his claims are expressly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136, Mr. Carson appealed the court’s ruling as to his failure-to-warn claim. Public Citizen filed an amicus brief in support of Mr. Carson in the court of appeals, explaining that FIFRA neither expressly nor impliedly preempts his claim. In a unanimous opinion issued in July 2022, the court of appeals agreed, rejecting Monsanto’s preemption argument.

Monsanto then filed a petition for rehearing on banc, which the Eleventh Circuit granted. Public Citizen filed a second amicus brief in support of Mr. Carson at the en banc stage.