Monsanto v. Durnell · ¶106

FIFRA does not specify the particular warnings that are adequate and necessary (and thus comply with the misbranding prohibition). But the EPA has started to fill in that gap by promulgating regulations to “give content to” FIFRA’s misbranding prohibition in certain contexts. Bates, 544 U. S., at 453. For the adequate-and-necessarywarnings requirement, EPA regulations require labels to contain specific precautionary statements in a certain circumstance: where the pesticide may cause particularly acute hazards. See 40 CFR §§156.60–156.70 (2025); see also §156.10(a)(1)(vii). The regulations dictate that, for certain categories of toxins, a pesticide manufacturer must add to the product label different “signal word[s]”: “‘DANGER,’” “‘WARNING,’” and “‘CAUTION.’” §156.64.

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