Monsanto v. Durnell · ¶113

Why might a federal law that expressly seeks “[u]niformity” in labeling, §136v(b), leave room for parallel state tort suits like Durnell’s? As we have previously explained, “FIFRA contemplates that pesticide labels will evolve over time.” Bates, 544 U. S., at 451. To that end, “tort suits can serve as a catalyst”—encouraging pesticide manufacturers to “keep abreast of all possible injuries stemming from use of their product” and to maintain labels with the necessary and adequate warnings. Ibid. (internal quotation marks omitted). Parallel state tort liability is an enforcement tool that can have a salutary information-forcing effect, and that, in turn, helps ensure the effectiveness of FIFRA’s misbranding prohibition.

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