Monsanto v. Durnell · ¶142

But the majority provides no justification for this comparison. For good reason: It is only the EPA’s duly promulgated regulations that can prescribe the content of a pesticide’s label, not the individualized registration decision. Indeed, Bates made clear that the EPA’s registration decision and the regulation providing for certain designations are not alike. Bates explained that the relevant federal requirements could be found in FIFRA’s misbranding prohibition and “any relevant EPA regulations that give content” to the misbranding standards. 544 U. S., at 453. Bates also noted that “there appear to be relatively few regulations that refine or elaborate upon FIFRA’s broadly phrased misbranding standards.” Ibid., n. 28. Thus, Bates gave no suggestion that the EPA’s registration of a particular pesticide (and corresponding approval of its label) also created requirements under FIFRA.

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