Monsanto v. Durnell · ¶133

First of all, it is wrong to say that FIFRA establishes that a manufacturer can face civil or criminal penalties solely for using a label that differs from what the EPA approved. The closest FIFRA comes to this is the provision that makes it unlawful for any person to “alter . . . any labeling required under” FIFRA. §136j(a)(2)(A). Notably, this provision does not say that it is unlawful to alter the label that the EPA approved. Instead, it protects only the “labeling required under” FIFRA. And given §136a(f )(2), we know that the EPA-approved label is not coextensive with the “labeling required under” FIFRA because FIFRA’s ongoing misbranding prohibition could require that the EPA-approved label be amended.

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