Monsanto v. Durnell · ¶57

In short, under federal law, Monsanto was required (i) to obtain EPA’s approval for its Roundup label at registration; and (ii) to use the EPA-approved Roundup label unless, in the future, EPA approved or required changes to the label. Those are the relevant federal labeling requirements “under” FIFRA. Durnell’s failure-to-warn claim, meanwhile, would require Monsanto to place a cancer warning on Roundup’s label. That state labeling requirement is “in addition to or different from” EPA’s labeling determinations that do not mandate a cancer warning. Durnell’s failure-to-warn claim is expressly preempted.

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