The bar is rising for the developers of generative artificial intelligence (AI) platforms and other companies that utilize generative AI in public-facing applications. As AI becomes more integrated into everyday products and services—and as litigation involving these uses evolves—avoiding legal liability and maintaining regulatory compliance will be something of a moving target but one that the industry will need to follow closely.
Relevant History
On December 29, 2023, the California Occupational Safety and Health Standards Board instituted an emergency regulation to address occupational exposure to respirable crystalline silica. This regulation addressed additional safety requirements for businesses involved in cutting engineered stone, improved monitoring for workplace sites, and increasing the ability for workers to report non-compliant employers. These emergency regulations became permanent in February 2025.
The United States Court of Appeals for the Third Circuit, in Schaffner v. Monsanto, No. 22-3075 (3rd Cir. 2024), recently held that a state-law duty to warn claim was expressly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). To reach the conclusion, the 3rd Circuit diverged from the 9th and 11th Circuits, thus creating a split between circuits and providing an opportunity for the United States Supreme Court to step in and make a definitive ruling on FIFRA preemption. If the Supreme Court were to adopt the 3rd Circuit’s reasoning, FIFRA would preempt any state-law duty to warn claims that were inconsistent with EPA’s approved label for products containing glyphosate.