Center for Environmental Health v. Perrigo Co.
A federal appeals court ruled that FIFRA preempts California's Proposition 65 warning requirements for pesticide products, meaning businesses cannot be sued under Prop 65 for failing to warn about pesticide exposures if the product complies with FIFRA labeling.
Aforeworn detected this change in the Pesticide & Pest-Control Applicators space on July 8, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Structural pest-control firms, lawn/ornamental applicators, agricultural applicators, fumigation companies operating in California or selling products there. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline, but businesses should assess ongoing litigation or pending claims within 30 days.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Pesticide & Pest-Control Applicators continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
Pesticide applicators and product manufacturers are now shielded from Proposition 65 failure-to-warn claims for pesticide products that comply with FIFRA labeling. This reduces litigation risk but does not eliminate other Prop 65 requirements (e.g., discharges).
Who it affects
Structural pest-control firms, lawn/ornamental applicators, agricultural applicators, fumigation companies operating in California or selling products there.
What you must do
Review current Prop 65 warning practices for pesticide products and consult legal counsel to determine if changes are needed. Continue to comply with FIFRA labeling and other applicable laws.
Deadline
No immediate deadline, but businesses should assess ongoing litigation or pending claims within 30 days.
Source: https://www.courtlistener.com/opinion/9382800/center-for-environmental-health-v-perrigo-co/
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