Monsanto v. Durnell · ¶124

In short, the EPA’s approval of the label cannot set a “requirement” for §136v(b) purposes. Instead, the requirements of FIFRA—the misbranding prohibition and the implementing regulations—dictate the contents of the label. This is so because §136a(f )(2) makes clear that FIFRA’s misbranding prohibition continues to apply to pesticides even after they have been registered. The upshot here is that, even though the EPA approved Roundup’s label, that label could still lack a necessary warning.

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