Monsanto v. Durnell · ¶71

Not surprisingly, therefore, the United States explicitly represented at oral argument that EPA does not bring a misbranding action when the manufacturer was using an EPA-approved label. See Tr. of Oral Arg. 44 (“EPA doesn’t go after people for . . . not changing your label even though EPA doesn’t let you . . . . We don’t bring that kind of enforcement action”). Instead, as described at length above, if new safety information comes to light, EPA may gather more information from the manufacturer; ask the manufacturer to change its label; pursue registration cancellation, suspension, or modification proceedings; or seek civil or criminal penalties if a manufacturer failed to inform EPA of important new safety-related information. See 7 U. S. C. §§136a(d), 136d, 136l; 40 CFR §152.170(e)(1); Tr. of Oral Arg. 51–52 (United States: “if EPA also thought that there was some sort of misbranding…

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