Monsanto v. Durnell · ¶19
Importantly, after EPA has registered the pesticide and approved the label, the manufacturer is required to use that label. Subject to narrow exceptions not relevant here, the manufacturer may not change the label unless EPA subsequently approves a manufacturer’s proposed change or EPA itself requires a change to the label. See 40 CFR §§152.44(a), 156.70(c). If a manufacturer does not use the EPA-approved label, it may be subject to civil and criminal penalties. See 7 U. S. C. §§136j(a)(1)(E) (misbranding violation), 136l (civil and criminal penalties). In particular, EPA may bring enforcement actions against a manufacturer for violating FIFRA’s misbranding provisions—which could happen, for example, if a manufacturer sells its pesticide with a different label than the one EPA approved. If EPA determines that a given warning is necessary for a pesticide’s label and the manufacturer then…Read in context ›
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