Monsanto v. Durnell · ¶33

In Missouri trial court, Monsanto moved on preemption grounds for judgment notwithstanding the verdict. Monsanto argued that FIFRA expressly preempted Durnell’s failure-to-warn claim because FIFRA prohibits States from imposing labeling requirements that are “in addition to or different from” those imposed under FIFRA. 7 U. S. C. §136v(b). Monsanto explained that EPA approved its labels without a cancer warning at registration and that it was therefore able to (indeed, required to) keep using that label.

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