Monsanto v. Durnell · ¶140

That disposition is critical. Had Bates accepted the theory the majority adopts today, there would have been no need to remand the case. That is, if the EPA’s approval of a label preempted States from requiring any different or additional warnings, then a failure-to-warn claim would be impossible. Our remand in Bates thus necessarily rejected the theory that the EPA’s approval of the label creates a labeling requirement that can preempt a state failure-towarn claim.

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