Monsanto v. Durnell · ¶16

As to the label, FIFRA requires that a pesticide not be “misbranded.” §136j(a)(1)(E). A pesticide is misbranded if its label contains “any statement” that is “false or misleading” or if the label does not contain “a warning or caution statement which may be necessary and . . . adequate to protect health and the environment.” §§136(q)(1)(A), (G). FIFRA defines “protect health and the environment” to mean “protection against any unreasonable adverse effects on the environment,” including “any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.” §§136(x), (bb).

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