Monsanto v. Durnell · ¶49

And the Bates Court gave a telling example of how FIFRA’s preemption clause operates. If an EPA regulation required a “CAUTION” designation for a pesticide and if a state failure-to-warn claim targeted the pesticide’s label for including the “CAUTION” designation instead of a “DANGER” warning, that failure-to-warn claim would be preempted. See ibid.

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