Monsanto v. Durnell · ¶2
Held: FIFRA expressly preempts Durnell’s state-law failure-to-warn claim because the claim would require Monsanto to add a cancer warning to Roundup’s label. Pp. 9–22. (a) FIFRA’s preemption clause, entitled “Uniformity,” provides that a “State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter.” 7 U. S. C. §136v(b). FIFRA therefore preempts a state-law labeling requirement that differs from the federal labeling requirements imposed under FIFRA. Pp. 9–14. (1) To register a pesticide, EPA must approve the pesticide’s label by determining that the label contains all warnings “necessary and . . . adequate to protect health and the environment” and that the label does not include any “false or misleading” statements. §§136a(c)(5)(B), 136(q)(1)(A), (G). After EPA approves a pesticide’s label…Read in context ›
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