Jump to Navigation
Jump to Content

Beyond Pesticides v. Monsanto Co.

ELR Citation: 48 ELR 20073
Nos. 17-941, (D.D.C., 04/30/2018) (Kelly, J.)

A district court denied a pesticide manufacturer's motion to dismiss a lawsuit alleging that the label on one of its weed-killing products is false and misleading. The product's label states that it targets an enzyme "found in plants but not in people or pets." But an anti-pesticide group alleges this is false and misleading because glyphosate, the active ingredient, targets an enzyme that exists in "gut bacteria" found in humans and other mammals. The groups therefore filed suit under the District of Columbia Consumer Protection Procedures Act (DCCPPA). The manufacturer filed a motion to dismiss, arguing that the claims are time-barred. But at the very least, claims regarding sales of the product in the last three years are timely. In addition, the groups adequately pleaded a claim that the statement at issue was false or misleading. And FIFRA does not preempt the groups' claims because the DCCPPA, as it relates to pesticide labels, does not impose a broader or different obligation than FIFRA.