Monsanto v. Durnell · ¶147

But in treating Riegel as dispositive, the majority ignores a key difference between the MDA and FIFRA: The MDA has nothing analogous to 7 U. S. C. §136a(f )(2). This matters because, again, §136a(f )(2) establishes that the EPA’s approval of a pesticide’s label is not conclusive of the label’s compliance with FIFRA and therefore cannot establish a requirement under FIFRA. Because the MDA lacks an analogous provision, it might well be that the FDA’s approval of a medical device’s label does create labeling requirements under the MDA.

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