Monsanto v. Durnell · ¶105

Another type of prohibited misbranding is relevant to today’s dispute: A pesticide is misbranded if “the label does not contain a warning or caution statement which may be necessary and . . . is adequate to protect health and the environment.” §136(q)(1)(G). Adequate warnings must, among other things, protect against “any unreasonable risk to [humans] or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.” §136(bb); see §136(x). Consequently—and this is important to remember—one requirement under FIFRA is that a pesticide’s label must contain “adequate” and “necessary” warnings. §136(q)(1)(G).

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