Monsanto v. Durnell · ¶60

First, Durnell (echoed by the dissent) contends that a Missouri failure-to-warn claim, like FIFRA itself, simply requires manufacturers to include adequate warnings to protect human health, and not to include false or misleading statements. Compare Moore v. Ford Motor Co., 332 S. W. 3d 749, 756 (Mo. 2011), with 7 U. S. C. §§136(q)(1)(A), (G), 136j(a)(1)(E). But that argument operates at far too high a level of generality and disregards the central and comprehensive role that EPA performs in making labeling determinations under FIFRA’s registration provisions. Looking at only FIFRA’s general standard for misbranding rather than the specific requirements imposed under federal law would nullify FIFRA’s preemption clause and the uniformity that Congress sought for safety warnings on pesticide labels.

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