Monsanto v. Durnell · ¶115

The majority does not view FIFRA’s misbranding prohibition as the relevant federal “requirement” for preemption purposes. Instead, it ventures far beyond FIFRA and its regulations, purporting to identify the relevant labeling requirement in the EPA’s approval of Roundup’s label. Ante, at 10–11, 14. The argument goes like this: A manufacturer must register its pesticide with the EPA before selling or distributing it. §136a(a). As part of the registration process, the EPA reviews and approves the pesticide’s label, confirming that the label complies with FIFRA’s requirements. §136a(c)(5)(B). Furthermore, the EPA generally requires a manufacturer to get the agency’s approval before changing its product’s label. 40 CFR §152.44.

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