Facts

Plaintiffs filed a class action complaint against Monsanto Company relating to the labeling on its weed killing product Roundup.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that the labeling on Roundup was false and misleading because it lead consumers to believe that Roundup would not affect their health when, in fact, it killed gut bacteria. They claimed this occurred when plants treated with Roundup absorbed Glyphosate through topical exposure, which resulted in a buildup of the chemical by those who ate plants treated with Roundup. Plaintiffs argued that the Roundup label, which stated that, "Glyphosate targets an enzyme found in plants, but not in people or pets," contained five material falsehoods.

Plaintiffs asserted that Monsanto violated California's False Advertising Law.

DEFENDANT'S CONTENTIONS:
Monsanto contended that plaintiffs' claims were expressly preempted by federal law.

Result

The court granted Monsanto's motion to dismiss, with prejudice, because plaintiffs' claims were preempted by the Federal Insecticide Fungicide and Rodenticide Act.

Other Information

According to plaintiffs, the court found that California's false advertising law was "in conflict" with the federal pesticide law, and because the state and federal laws are supposedly "in conflict," the court invoked the Supremacy Clause and ruled that the federal law, FIFRA, defeats the California false advertising law. Plaintiffs intend to appeal. FILING DATE: June 9, 2015.