Monsanto v. Durnell · ¶134

Another variation of this argument is the majority’s contention that it is a violation of FIFRA’s misbranding provision “if a manufacturer sells its pesticide with a different label than the one [the] EPA approved.” Ante, at 4. The majority offers no support for this assertion—and there is none. The statutory definition of misbranding does not say that a pesticide sold with a label different from the EPA- approved label is necessarily misbranded. See generally §136(q).

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