A judge in Massachusetts has dismissed portions of a lawsuit filed by a plaintiff who claimed that use of Roundup caused her to develop non-Hodgkin's lymphoma after determining that the failure-to-warn claims included in the complaint were preempted by federal law. The question of whether state law failure-to-warn claims are preempted by provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has become central to Roundup injury lawsuits. To date, appellate courts in the Ninth, Eleventh, and Third Circuits have weighed in, with the Ninth and Eleventh Circuits finding that failure-to-warn claims are not preempted, and the Third Circuit concluding that the claims are preempted and should not be heard. Massachusetts is located in the First Circuit, making this recent decision the first time a court in that jurisdiction has ruled that FIFRA preempted failure-to-warn claims. To read the court’s ruling, click here.