Attorney General Raoul Files U.S. Supreme Court Brief Defending States’ Right To Protect Public Health

CHICAGO -Attorney General Kwame Raoul joined a multistate coalition of 18 attorneys general on Wednesday in filing an amicus brief before the U.S. Supreme Court in Monsanto Co. v. Durnell, a case that could have sweeping implications for states’ ability to provide access to justice for those injured by pesticide manufacturers.

In their brief, Raoul and the coalition urge the Supreme Court to preserve longstanding state laws that allow those who have been wronged by pesticide manufacturers to seek justice. These laws are an essential tool to protect consumers because they encourage manufacturers to adequately warn about potential health risks posed by their products.

“Limiting the ability of injured consumers to seek justice through the court system is un-American and only rewards large corporations for failing to warn the public about the potential dangers of their products,” Raoul said. “I will continue to advocate for the rights of consumers to pursue justice under the law.”

Monsanto v. Durnell centers on whether federal pesticide law overrides, or “preempts,” state law claims alleging that manufacturers failed to warn consumers about potential dangers associated with their products. The case arises out of litigation over whether the pesticide manufacturer Monsanto was obligated to warn consumers of the risk that using the pesticide Roundup might increase their risk of developing cancer. Monsanto argues that the federal government’s decision to approve Roundup for sale without such a warning precludes states from permitting juries to consider tort claims that such a warning was required.

In their brief, Raoul and the coalition argue that Congress never intended to eliminate state tort law protections, that state tort law helps further Congress’ intent to protect human and environmental health, and that preempting state tort law would wrongfully take decisions away from states and juries.

Joining Raoul in filing this brief are the attorneys general of Arizona, California, Colorado, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin.

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