Monsanto v. Durnell · ¶62

Durnell’s argument also contravenes Riegel v. Medtronic, Inc., 552 U. S. 312 (2008). There, as explained above, the Court held that FDA’s determinations in the premarket approval process imposed federal “‘requirements’” “under” the Medical Device Amendments and thereby displaced additional or different state-law requirements imposed through state tort suits. Id., at 322–323. There is no good argument for treating FDA’s premarket approval as “requirements” “under” the Medical Device Amendments, but not treating EPA’s regulations and registration determinations as requirements under FIFRA’s materially identical preemption clause.

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