Monsanto v. Durnell · ¶125

A real-world example illustrates the interplay between registration and misbranding. In 1999, the EPA approved a label for a Roundup product distributed by Monsanto that did not include any statements warning the user that the pesticide could leak. But the EPA itself soon determined that the approved label did not meet the requirements of FIFRA because, “[w]hen used in accordance with its label directions,” the pesticide could “leak or spray onto the user.” In re: The Monsanto Co., 2000 WL 1886918, *2 (EAB, Sept. 29, 2000). Accordingly, the EPA imposed civil penalties on Monsanto for “distributing or selling misbranded pesticides.” Ibid.

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