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ASA joins ag groups in filing brief for Supreme Court glyphosate labeling clarity

A brief has been filed with the Supreme Court by some ag groups wanting clarity on glyphosate labeling. 

Kyle Kunkler with the American Soybean Association says the label is the law and conflicting state level rulings have created uncertainty.

“Under federal pesticide law, you’re not allowed to make a claim that’s false and misleading,” he says. “If EPA and regulators from all over the world have found time and time again that glyphosate does not cause cancer, and yet you have a state requiring them to put that on the side of a package, manufacturers are in a no win situation.”

The question at the center of the case, Durnell v. Monsanto, is whether glyphosate manufacturers are liable under state law for “failure to warn” for allegedly causing cancer or other health risks when federal regulatory bodies have evaluated the product safety and determined their uses are safe. 

Following regulatory reviews, EPA has determined there is no health risk if the product is used correctly. He tells Brownfield, “It could potentially create a patchwork of different state labels, and that could create some problems for farmers to continue to access these tools moving forward.”

American Farm Bureau Federation, American Sugarbeet Growers Association, International Fresh Produce Association, National Association of Wheat Growers, National Corn Growers Association, National Cotton Council, National Sorghum Producers, North American Blueberry Council, Western Growers are among the groups included in the brief.

North Dakota and Georgia have both recently passed legislation protecting farmer access to crop protection tools.

Bayer has also filed a petition with the U.S. Supreme Court to dismiss cases against Roundup, citing conflicting rulings in recent cases. 

AUDIO: Kyle Kunkler, American Soybean Association