Monsanto v. Durnell · ¶135
Second, the fact that a pesticide manufacturer must seek the EPA’s approval for most labeling changes does not change the express preemption calculus. Whatever the manufacturer must do procedurally to get its product approved for marketing, FIFRA requires the manufacturer not to sell a misbranded pesticide. The majority implicitly acknowledges this when it notes that the EPA can require changes to a pesticide’s label in light of new information or analysis. Ante, at 10. The agency mandates such changes to ensure continued compliance with FIFRA’s requirements, including the misbranding prohibition. See §136d(b) (providing that the EPA can cancel a pesticide’s registration or change its classification “[i]f it appears to the Administrator that a pesticide or its labeling . . . does not comply with” FIFRA); §136d(d) (authorizing the EPA Administrator to “requir[e] modification of the…Read in context ›
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