Monsanto v. Durnell · ¶51

To be sure, in Bates, the state failure-to-warn claims at issue targeted a pesticide label’s efficacy claims. See id., at 435, 440. Those state tort claims were not preempted. Bates distinguished between efficacy claims on the one hand—which EPA did not review as a part of registration— and safety claims on the other hand, which EPA does thoroughly review at registration and are therefore preempted. See id., at 440 (“EPA’s approval of a pesticide label does not reflect any determination on the part of EPA that the pesticide will be efficacious”) (quotation marks omitted).

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.