Monsanto v. Durnell · ¶106

FIFRA's principal labeling requirement is its prohibition on selling or distributing “misbranded” pesticides. § 136j(a)(1)(E). The statutory definition of “misbranded” is extensive, establishing many detailed supplementary labeling requirements. See § 136(q). For example, a pesticide that contains a highly toxic substance but does not have the “skull and crossbones” and the word “ `poison' ” on its label is misbranded. § 136(q)(2)(D). So too is a pesticide that does not bear an ingredient statement. § 136(q)(2)(A). And so is a pesticide that has “false or misleading” statements on its label. § 136(q)(1)(A).

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