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Monsanto v. Durnell

2026-06-25

Authorities cited

Opinion

majority opinion

(Slip Opinion) OCTOBER TERM, 2025 1

Syllabus

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is

being done in connection with this case, at the time the opinion is issued.

The syllabus constitutes no part of the opinion of the Court but has been

prepared by the Reporter of Decisions for the convenience of the reader.

See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.

SUPREME COURT OF THE UNITED STATES

Syllabus

MONSANTO CO. v. DURNELL

CERTIORARI TO THE COURT OF APPEALS OF MISSOURI,

EASTERN DISTRICT

No. 24–1068. Argued April 27, 2026—Decided June 25, 2026

Monsanto Company manufactures and distributes Roundup, a glyphosate-based herbicide designed to control weeds. The EPA has repeatedly evaluated glyphosate and repeatedly concluded that glyphosate is not likely to cause cancer. EPA’s assessment is shared by many other regulatory bodies around the world. In accordance with EPA’s view that glyphosate is not likely to cause cancer in humans, EPA has not required labels on glyphosate-based pesticides like Roundup to include a cancer warning.

In 2019, John Durnell sued Monsanto in Missouri state court, alleging that he had used Monsanto’s Roundup products for about 20 years and that they had caused his non-Hodgkin’s lymphoma. As relevant here, Durnell brought a failure-to-warn tort claim, asserting that Monsanto should have included a cancer warning on Roundup’s label. A jury agreed and awarded Durnell more than $1 million on the failureto-warn theory. On appeal, the Missouri Court of Appeals affirmed, 707 S. W. 3d 828. The Court of Appeals rejected Monsanto’s argument that the Federal Insecticide, Fungicide, and Rodenticide Act expressly preempted Durnell’s failure-to-warn claim, see 7 U. S. C. §136v(b). This Court granted certiorari.

Held: FIFRA expressly preempts Durnell’s state-law failure-to-warn claim because the claim would require Monsanto to add a cancer warning to Roundup’s label. Pp. 9–22.

(a) FIFRA’s preemption clause, entitled “Uniformity,” provides that a “State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter.” 7 U. S. C. §136v(b). FIFRA therefore

preempts a state-law labeling requirement that differs from the 2 MONSANTO v. DURNELL

Syllabus

federal labeling requirements imposed under FIFRA. Pp. 9–14.

(1) To register a pesticide, EPA must approve the pesticide’s label

by determining that the label contains all warnings “necessary and . . .

adequate to protect health and the environment” and that the label

does not include any “false or misleading” statements. §§136a(c)(5)(B),

136(q)(1)(A), (G). After EPA approves a pesticide’s label at registration, manufacturers are legally required to use that label unless and

until EPA approves or requires a label change and amends the pesticide’s registration. See §136a(f)(1); 40 CFR §§152.44(a), 156.70(c). If

a manufacturer does not use the EPA-approved label, it may be subject

to civil and criminal penalties. See 7 U. S. C. §§136l, 136j(a)(1)(E).

Federal law therefore requires Monsanto to sell Roundup with the

label that EPA approved at the initial registration and that EPA has

subsequently re-approved on multiple occasions—that is, the label

without a cancer warning. Meanwhile, as the Court’s precedents make

clear and as the parties agree, state tort duties constitute state labeling requirements. See Bates v. Dow Agrosciences LLC, 544 U. S. 431,

443–444. Durnell’s state tort claim would require Monsanto to add a

cancer warning to its labels, which is “in addition to” and “different

from” Monsanto’s federal-law labeling obligations. Pp. 9–11.

(2) The Court’s decision in Riegel v. Medtronic, Inc., 552 U. S. 312,

further confirms that Durnell’s failure-to-warn claim is expressly

preempted. In Riegel, the Court addressed the preemption clause in

the Medical Device Amendments of 1976, which is nearly identical to

FIFRA’s preemption clause. Id., at 316; see 21 U. S. C. §360k(a). The

Riegel Court concluded that FDA’s premarket approval of devices imposed “ ‘requirements’ under” the Act’s preemption clause, 552 U. S.,

at 322, and therefore that FDA’s premarket approval of a medical device preempted state-law claims premised on additional or contrary

safety requirements. Id., at 323–325. Pp. 11–14.

(b) Durnell’s counterarguments are unpersuasive. Pp. 14–22.

(1) Durnell 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. 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. Pp. 14–15.

(2) Durnell argues that EPA’s regulations and its procedures for

registering pesticides and approving pesticide labels exceed or contravene EPA’s statutory authority under FIFRA. Durnell is incorrect.

FIFRA empowers EPA to “prescribe regulations to carry out the provisions of [FIFRA],” §136w(a)(1), and expressly directs EPA to register

pesticides and “determin[e]” that the pesticide’s “labeling” complies

Cite as: 609 U. S. ___ (2026) 3

Syllabus

with FIFRA’s many specific requirements. §136a(c)(5)(B). During that

extensive registration process, EPA critically evaluates the pesticide’s

label to ensure that the label contains all warnings necessary to protect human health. And after EPA decides the appropriate warnings

for a pesticide’s label, a manufacturer is legally required to use that

label unless and until EPA subsequently approves or requires a new

label. 40 CFR §§152.44(a), 156.70(c). Pp. 15–16.

(3) Durnell seizes on 7 U. S. C. §136a(f)(2), which provides that

registration shall not be “construed as a defense for the commission of

any offense under [FIFRA],” but that registration is “prima facie” evidence of compliance with the registration provisions. By its text,

§136a(f)(2) does not apply to state tort suits; that provision simply clarifies that registration does not bar EPA enforcement actions against

manufacturers for violating FIFRA. Additionally, Monsanto is not invoking the mere fact of “registration” as a complete defense to state

tort suits but rather is relying on EPA’s specific determination that

cancer warnings are not required for glyphosate-based pesticide labels.

This argument also contravenes Riegel, where the possibility that FDA

could withdraw its premarket approval based on new evidence or new

analysis did not preclude the Court from concluding that FDA’s premarket approval imposed “requirements” on manufacturers that

preempted state tort suits under the Medical Device Amendments’ materially identical preemption clause. 552 U. S., at 322–323. Pp. 16–

20.

707 S. W. 3d 828, reversed and remanded.

KAVANAUGH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, SOTOMAYOR, KAGAN, and BARRETT, JJ., joined. THOMAS, J., filed a concurring opinion. JACKSON, J., filed a dissenting opinion, in which GORSUCH, J., joined.

Cite as: 609 U. S. ____ (2026) 1

Opinion of the Court

NOTICE: This opinion is subject to formal revision before publication in the

United States Reports. Readers are requested to notify the Reporter of

Decisions, Supreme Court of the United States, Washington, D. C. 20543,

pio@supremecourt.gov, of any typographical or other formal errors.

SUPREME COURT OF THE UNITED STATES

No. 24–1068

MONSANTO COMPANY, PETITIONER v.

JOHN L. DURNELL

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF

MISSOURI, EASTERN DISTRICT

[June 25, 2026]

JUSTICE KAVANAUGH delivered the opinion of the Court.

Under authority granted by the Federal Insecticide,

Fungicide, and Rodenticide Act, the Environmental

Protection Agency regulates pesticides, including pesticide

labels. As relevant here, EPA regulates Roundup, a

glyphosate-based pesticide manufactured by Monsanto.

Because EPA has repeatedly concluded that glyphosate is

not likely to cause cancer, the agency has not required a

cancer warning on Roundup’s label. Importantly, EPA’s

regulations require a pesticide manufacturer such as

Monsanto to use the EPA-approved pesticide label—here,

the Roundup label without a cancer warning—unless and

until EPA approves or requires a different label. Moreover,

to ensure “[u]niformity” in labeling, FIFRA’s preemption

clause prohibits States from imposing any pesticide

labeling requirements that are “in addition to or different

from” the federal labeling requirements “under” FIFRA. 7

U. S. C. §136v(b).

John Durnell brought a failure-to-warn tort suit in

Missouri state court against Monsanto for not including a

cancer warning on Roundup’s label. Durnell alleged that

2 MONSANTO v. DURNELL

Opinion of the Court

Monsanto failed to warn him of Roundup’s cancer risks and

that he developed non-Hodgkin’s lymphoma as a result.

But Durnell’s state tort claim would require Monsanto to

add a cancer warning to Roundup’s label even though

federal law requires Monsanto to use the EPA-approved

label without a cancer warning. Because Durnell’s state

tort claim would impose a pesticide labeling requirement

“in addition to or different from” the label required by EPA,

FIFRA expressly preempts Durnell’s claim.

I

A

In 1947, Congress passed and President Truman signed

the Federal Insecticide, Fungicide, and Rodenticide Act. 61

Stat. 163, as amended, 7 U. S. C. §136 et seq. The 1947 Act

required that pesticides be registered with the Secretary of

Agriculture. But the Act assigned the Secretary a relatively

passive role; the Secretary could not refuse to register a

pesticide. 61 Stat. 167–168.

In 1972, Congress passed and President Nixon signed the

Federal Environmental Pesticide Control Act. 86 Stat. 973.

That Act “transformed” FIFRA “into a comprehensive

regulatory statute” and placed the newly created

Environmental Protection Agency in charge of pesticide

registration and labeling. Bates v. Dow Agrosciences LLC,

544 U. S. 431, 437 (2005) (quotation marks omitted). In

doing so, Congress “significantly strengthened FIFRA’s

registration and labeling standards” and granted

“increased enforcement authority” to EPA. Wisconsin

Public Intervenor v. Mortier, 501 U. S. 597, 601 (1991).

Under that revamped regulatory regime, which still

governs today, pesticides must be registered with EPA.

§§136a(a), 136j(a)(1)(A). Before registering a pesticide,

EPA undertakes an extensive review of the pesticide and

its proposed labeling. Pesticide manufacturers must

submit information about the pesticides’ formulas,

Cite as: 609 U. S. ____ (2026) 3

Opinion of the Court

potential adverse effects, and testing. §§136a(c)(1)(A)–(F),

(2); 40 CFR §152.50(f )(3) (2025). Manufacturers must also

propose a label for their products, which must include any

necessary precautionary statements. 7 U. S. C.

§136a(c)(1)(C); 40 CFR §156.10(a)(1)(vii).

EPA must then review all of that information and data.

To register a pesticide, EPA must conclude that the

pesticide “will not generally cause unreasonable adverse

effects” on human health and the environment, and that its

labeling “compl[ies] with the requirements” of FIFRA. 7

U. S. C. §§136a(c)(5)(B), (D).

As to the label, FIFRA requires that a pesticide not be

“misbranded.” §136j(a)(1)(E). A pesticide is misbranded if

its label contains “any statement” that is “false or

misleading” or if the label does not contain “a warning or

caution statement which may be necessary and . . .

adequate to protect health and the environment.”

§§136(q)(1)(A), (G). FIFRA defines “protect health and the

environment” to mean “protection against any

unreasonable adverse effects on the environment,”

including “any unreasonable risk to man or the

environment, taking into account the economic, social, and

environmental costs and benefits of the use of any

pesticide.” §§136(x), (bb).

FIFRA authorizes EPA to issue regulations to “carry out

the provisions of ” FIFRA. §136w(a)(1). Under that

statutory authority, EPA has promulgated extensive

regulations fleshing out what it means for a pesticide to be

misbranded and dictating what must appear on a

pesticide’s label. See, e.g., 40 CFR §156.10 (Labeling

requirements). As relevant here, those regulations specify

the required content and placement of precautionary

statements such as cancer warnings. See §§156.60–156.70

(Human Hazard and Precautionary Statements).

Putting all of that together, before registering a pesticide,

EPA must evaluate a pesticide and its proposed label—and

4 MONSANTO v. DURNELL

Opinion of the Court

must determine that the proposed label includes all

warnings necessary and adequate to protect human health

and the environment, and is not false or misleading. EPA’s

registration of the pesticide and approval of the pesticide’s

label embodies the agency’s considered judgment that a

pesticide is not misbranded—that is, that the label is not

false or misleading and does not omit a necessary warning.

See 7 U. S. C. §§136a(c)(5)(B), 136(q)(1)(A), (G).

Importantly, after EPA has registered the pesticide and

approved the label, the manufacturer is required to use that

label. Subject to narrow exceptions not relevant here, the

manufacturer may not change the label unless EPA

subsequently approves a manufacturer’s proposed change

or EPA itself requires a change to the label. See 40 CFR

§§152.44(a), 156.70(c). If a manufacturer does not use the

EPA-approved label, it may be subject to civil and criminal

penalties. See 7 U. S. C. §§136j(a)(1)(E) (misbranding

violation), 136l (civil and criminal penalties). In particular, EPA may bring enforcement actions against a

manufacturer for violating FIFRA’s misbranding

provisions—which could happen, for example, if a

manufacturer sells its pesticide with a different label than

the one EPA approved. If EPA determines that a given

warning is necessary for a pesticide’s label and the

manufacturer then proceeds to sell the pesticide without

that warning, the manufacturer might face liability for

misbranding.1

EPA’s comprehensive regulatory role does not end with

the pesticide’s initial registration and label approval. If the manufacturer wants to modify the label, it typically must

1 Registration carries other consequences, too. FIFRA prohibits selling

a pesticide “if any claims made for it . . . substantially differ” from any claims made in “the statement required in connection with its

registration.” 7 U. S. C. §136j(a)(1)(B). And FIFRA prohibits selling a pesticide if its “composition” differs from the composition described at registration. §136j(a)(1)(C).

Cite as: 609 U. S. ____ (2026) 5

Opinion of the Court

go through an amended registration process. FIFRA

provides that if “the labeling . . . for a pesticide is changed, the registration shall be amended to reflect such change if

the [EPA] Administrator determines that the change will

not violate” FIFRA. §136a(f )(1). EPA regulations further

provide that “any modification” to the “labeling” of a

“registered product must be submitted with an application

for amended registration.” 40 CFR §152.44(a); see §152.50

(listing required contents of registration and amended

registration applications).

EPA also possesses a slew of tools to monitor the pesticide

market and scientific developments, and thereby ensure

that pesticide labels contain appropriate warnings in light

of changed circumstances or new information. After the

initial registration and approval of a label, manufacturers

must continue to inform EPA of “additional factual

information regarding unreasonable adverse effects” of

their pesticides. 7 U. S. C. §136d(a)(2). That obligation is

enforced through civil and criminal penalties. See §136l.

EPA may also “determin[e] that additional data are

required to maintain in effect an existing registration of a

pesticide,” and therefore request more information from

the manufacturers. §§136a(c)(2)(B)(i)–(ii). In that circumstance, manufacturers must take appropriate steps

to disclose that new evidence or face suspension of their

pesticides’ registration. §136a(c)(2)(B)(iv). In light of new

information or analysis by EPA, the agency at any time may

require “additional labeling language” to “mitigate”

“identified hazard(s).” 40 CFR §152.170(e)(1). EPA also

must formally review a pesticide’s registration every 15

years. 7 U. S. C. §§136a(g)(1)(A)(iii)–(iv).

In addition, EPA may cancel a pesticide’s registration,

and thereby prohibit its continued sale, if “it appears to the Administrator that a pesticide or its labeling . . . does not

comply with” FIFRA. §136d(b). EPA may also immediately

suspend a pesticide’s registration if “necessary to prevent

6 MONSANTO v. DURNELL

Opinion of the Court

an imminent hazard” while a cancellation is pending.

§136d(c)(1).

On top of EPA’s own authority to monitor a pesticide’s

continued safety and order appropriate changes such as a

new label, any person can petition EPA to modify, suspend,

or cancel a pesticide’s registration based on, for example,

new evidence about the dangers of the pesticide. 40 CFR

§154.10. If EPA refuses to do so, a party may seek judicial

review of EPA’s decision. 7 U. S. C. §§136n(a), 136d(h).

Finally, and crucially for this case, FIFRA includes a

preemption clause that further underscores EPA’s

comprehensive and exclusive authority in registering

pesticides and approving labels. In a provision entitled

“Uniformity”—a title that was added in a public law

enacted by Congress in 1988, not by the codifiers—FIFRA

prohibits States from imposing “any requirements for

labeling or packaging in addition to or different from those

required under” FIFRA. §136v(b); Federal Insecticide,

Fungicide, and Rodenticide Act Amendments of 1988, 102

Stat. 2654, 2687.2

B

Monsanto Company is a subsidiary of Bayer AG.

Monsanto manufactures and distributes Roundup, a

glyphosate-based herbicide designed to control weeds.3

In 1974, EPA first registered glyphosate-based pesticides

and approved Roundup’s label without a cancer warning.

In 1991 and for the more than three decades since, EPA has

repeatedly re-evaluated glyphosate and has repeatedly

concluded that glyphosate is not likely to cause cancer. For

2 States remain free to “regulate the sale or use of any federally

registered pesticide.” §136v(a). For example, a State could outright ban a pesticide within its borders.

3 Pesticide is an umbrella term that covers any substance “intended for

preventing, destroying, repelling, or mitigating any pest.” §136(u). A herbicide is a kind of pesticide that specifically targets weeds.

Cite as: 609 U. S. ____ (2026) 7

Opinion of the Court

example, in 1991, EPA classified glyphosate as unlikely to

cause cancer in humans. See EPA, Office of Pesticides and

Toxic Substances, Second Peer Review of Glyphosate 1 (Oct.

30, 1991). In 1993, EPA reiterated that conclusion and reregistered glyphosate products without a cancer warning.

See EPA, Office of Prevention, Pesticides and Toxic

Substances, Reregistration Eligibility Decision: Glyphosate

13–14 (Sept. 1993).

In 2017 and 2019, after the International Agency for

Research on Cancer classified glyphosate as a probable

carcinogen, EPA re-examined the issue but still adhered to

its longstanding position on glyphosate. See EPA, Office of

Pesticide Programs, Revised Glyphosate Issue Paper:

Evaluation of Carcinogenic Potential 12–13, 144 (Dec. 12,

2017); EPA, Glyphosate: Proposed Interim Registration

Review Decision 7–8 (Apr. 2019). In 2020, in an interim

registration review decision, EPA reiterated that same

position. See EPA, Glyphosate: Interim Registration

Review Decision Case No. 0178, p. 10 (Jan. 2020); Natural

Resources Defense Council v. EPA, 38 F. 4th 34, 51 (CA9

2022) (vacating EPA’s 2020 decision regarding glyphosate).

EPA’s assessment of glyphosate is shared by many other

regulatory bodies around the world that have likewise

concluded that glyphosate is not carcinogenic, including

regulators in Canada, Australia, Japan, and the European

Union.

All told, in accordance with EPA’s view that glyphosate

is not likely to cause cancer in humans, EPA has not

required glyphosate-based pesticides like Roundup to

include a cancer warning on their labels.4 Therefore, as a

matter of federal law, Monsanto legally must use a label

without a cancer warning unless and until EPA approves or

requires a change.

4 Monsanto has phased out residential Roundup products that contain

glyphosate.

8 MONSANTO v. DURNELL

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C

In 2019, John Durnell sued Monsanto in Missouri state

court. Durnell alleged that he had used Monsanto’s

Roundup products for about 20 years and that they had

caused his non-Hodgkin’s lymphoma, a form of cancer. As

relevant here, Durnell brought a failure-to-warn tort claim,

claiming that Monsanto should have included a cancer

warning on Roundup’s label. A jury agreed and awarded

Durnell more than $1 million on the failure-to-warn theory.

In Missouri trial court, Monsanto moved on preemption

grounds for judgment notwithstanding the verdict.

Monsanto argued that FIFRA expressly preempted

Durnell’s failure-to-warn claim because FIFRA prohibits

States from imposing labeling requirements that are “in

addition to or different from” those imposed under FIFRA.

7 U. S. C. §136v(b). Monsanto explained that EPA

approved its labels without a cancer warning at registration

and that it was therefore able to (indeed, required to) keep

using that label.

The Missouri trial court rejected Monsanto’s preemption

argument. The Missouri Court of Appeals affirmed. 707

S. W. 3d 828 (2025). The Court of Appeals reasoned that

Missouri failure-to-warn claims are “fully consistent with”

FIFRA’s misbranding provisions because “both require a

pesticide manufacturer to adequately warn users of the

potential dangers of using its product.” Id., at 832–833.

The federal Courts of Appeals and state courts have

divided over whether FIFRA preempts a state tort claim

based on Roundup’s lack of a cancer warning. Compare

Schaffner v. Monsanto Corp., 113 F. 4th 364 (CA3 2024),

with Carson v. Monsanto Co., 92 F. 4th 980 (CA11 2024);

Hardeman v. Monsanto Co., 997 F. 3d 941 (CA9 2021);

Johnson v. Monsanto Co., 333 Ore. App. 678, 554 P. 3d 290

(2024); Pilliod v. Monsanto Co., 67 Cal. App. 5th 591, 282

Cal. Rptr. 3d 679 (2021).

Cite as: 609 U. S. ____ (2026) 9

Opinion of the Court

To resolve that split, this Court granted certiorari. 607

U. S. 1148 (2026).

II

FIFRA’s preemption clause is entitled “Uniformity” and

provides that a “State shall not impose or continue in effect

any requirements for labeling or packaging in addition to

or different from those required under this subchapter.” 7

U. S. C. §136v(b). FIFRA therefore preempts a state-law

labeling requirement that differs from the federal labeling

requirements imposed under FIFRA. “Uniformity” in

labeling—the textually stated objective of FIFRA’s

preemption clause—would otherwise be impossible to

achieve. Ibid.

A

To start, as this Court’s precedents make clear and as the

parties agree, state tort duties constitute state labeling

requirements. See Bates v. Dow Agrosciences LLC, 544

U. S. 431, 443–444 (2005); Riegel v. Medtronic, Inc., 552

U. S. 312, 323–324 (2008); Cipollone v. Liggett Group, Inc.,

505 U. S. 504, 523–524 (1992) (plurality opinion); id., at

548–549 (Scalia, J., concurring in judgment in part and

dissenting in part). Failure-to-warn claims, like Durnell’s

claim here, “are premised on common-law rules that

qualify” as labeling requirements because those “rules set a

standard for a product’s labeling.” Bates, 544 U. S., at 446.

That makes good sense. After all, the heart of Durnell’s

failure-to-warn claim under Missouri tort law is that

Monsanto should have included a cancer warning on its

Roundup labels.

The question, then, is whether the Missouri failure-towarn claim—which would require a cancer warning on the

Roundup label—would impose a labeling requirement that

is “in addition to or different from” federal labeling

requirements imposed “under” FIFRA. The answer is yes.

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As described at length above, to register a pesticide, EPA

must approve the pesticide’s label. And to approve the

label, EPA must determine that the label contains all

warnings “necessary and . . . adequate to protect health and

the environment” and that a label does not include any

“false or misleading” statements. §§136a(c)(5)(B), 136(q)(1)(A), (G).

After EPA approves a pesticide’s label at registration,

manufacturers are legally required to use that label—

unless and until EPA approves or requires a label change

and amends the pesticide’s registration. See §136a(f )(1); 40

CFR §§152.44(a), 156.70(c) (2025). If a manufacturer does

not use the EPA-approved label, it may be subject to civil

and criminal penalties. See 7 U. S. C. §§136l, 136j(a)(1)(E).

It is true that EPA may subsequently change course in

light of new information or new analysis, and require an

amended label and amended registration. As described

above, FIFRA and EPA’s regulations set forth an extensive

process for doing so. But absent such an EPA-approved or

EPA-required label change, the pesticide manufacturers

may—and indeed legally must—use the pesticide label

approved by EPA at registration.5

5 Of course, a manufacturer may make “minor modifications” by

notification to EPA and without EPA’s approval. 40 CFR §152.46(a)(1). But EPA’s regulations specifically require EPA approval for

precautionary “statements pertaining to the hazards of the product,” which would include cancer warnings. §156.70(c); see also Brief for United States as Amicus Curiae 32–33 (“that exception” for minor modifications “does not apply to precautionary statements like cancer warnings”).

The dissent disputes that conclusion, maintaining that precautionary statements encompass only “acute hazards,” not chronic risks—and thus do not require EPA approval for cancer warnings. Post, at 6, n. 4 (opinion of JACKSON, J.). The ordinary meaning of “hazards” and “precautionary statements,” however, covers cancer warnings. Hazards to human health are hazards. As the U. S. Government has explained, “precautionary statements” pertain to the hazards of a pesticide and thus

Cite as: 609 U. S. ____ (2026) 11

Opinion of the Court

In sum, federal law requires Monsanto to sell Roundup

with the label that EPA approved at the initial registration

and that EPA has subsequently re-approved on multiple

occasions—that is, the label without a cancer warning.

Durnell’s state tort claim, by contrast, would require

Monsanto to add a cancer warning to its labels. That

Missouri-law requirement is “in addition to” and “different

from” Monsanto’s federal-law labeling obligations.

B

This Court’s precedents reinforce that textual conclusion.

In Bates, the Court explained that the relevant labeling

“requirements” under FIFRA included FIFRA’s

misbranding provision and “any relevant EPA regulations

that give content to FIFRA’s misbranding standards.” 544

U. S., at 453.

And the Bates Court gave a telling example of how

FIFRA’s preemption clause operates. If an EPA regulation

required a “CAUTION” designation for a pesticide and if a

state failure-to-warn claim targeted the pesticide’s label for including the “CAUTION” designation instead of a

plainly encompass “cancer warning[s].” Brief for United States as Amicus Curiae 7 (quotation marks omitted); see Tr. Oral Arg. 55 (“[I]f you are doing something like a hazard warning, which I don’t see any way of describing a cancer warning as anything other than that, you must get agency approval. That’s what it says. That’s 156.70”); see also id., at 43 (“[Section] 156.70 is the clearest. It says, for hazards like cancer, you have to ask for EPA’s approval”). That is why EPA requires robust evidence of a pesticide’s potential carcinogenicity as a part of registration. See, e.g., 40 CFR §§158.34, 158.130(d)(3), 158.500(d) (2025). And that is why, with respect to Roundup specifically, EPA has repeatedly evaluated glyphosate’s potential carcinogenicity to ensure that the pesticide “will not generally cause unreasonable adverse effects” on human health and the environment. 7 U. S. C. §136a(c)(5)(D); see supra, at 6–7. Moreover, even if Monsanto could unilaterally add a cancer warning to its Roundup label as a “minor modification,” EPA has not required such a warning. Therefore, a state-law requirement purporting to mandate a cancer warning is necessarily “in addition to” or “different from” the relevant federal requirements.

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“DANGER” warning, that failure-to-warn claim would be

preempted. See ibid.

Here, just like an EPA regulation providing that a

pesticide need not include a “DANGER” warning on its

label, EPA’s registration determination that Roundup’s

label need not include a cancer warning constitutes a

federal labeling requirement that cannot be altered by state

law, including state tort suits. That is because those

registration determinations, just like EPA’s regulations,

“give content to FIFRA’s misbranding standards.” Ibid.

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).

This case of course concerns safety claims. And when it

comes to safety claims, EPA’s registration determinations

do reflect EPA’s considered judgment that a pesticide’s

label is not false or misleading and contains all necessary

warnings. So safety claims that would impose labeling

requirements “in addition to” or “different from” those

required under FIFRA are preempted.

The Court’s more recent decision in Riegel further

confirms that Durnell’s failure-to-warn claim is expressly

preempted. In Riegel, the Court addressed the preemption

clause in the Medical Device Amendments of 1976, which is

nearly identical to FIFRA’s preemption clause. 552 U. S.,

Cite as: 609 U. S. ____ (2026) 13

Opinion of the Court

at 316; see 21 U. S. C. §360k(a).6 The Medical Device

Amendments direct the Food and Drug Administration to

approve medical devices for sale after analyzing their

safety, just as EPA does for pesticides. 552 U. S., at 318.

As part of the premarket approval process, FDA is required

to review the device’s label and to determine that the label

is neither false nor misleading, as EPA does for pesticide

labels. Ibid. And after FDA approves a device, the

manufacturer is required to use that label and is prohibited

from making any changes to the device or label without

additional FDA approval, as is the case with pesticide labels

and EPA. Id., at 319.

The Riegel Court concluded that FDA’s premarket

approval of devices imposed “ ‘requirements’ under” the

Act’s preemption clause, id., at 322, and therefore that

FDA’s premarket approval of a medical device preempted

state-law claims premised on additional or contrary safety

requirements. Id., at 323–325.

Riegel is dispositive here. If FDA’s premarket approval

of medical devices preempted additional state-law

requirements, so too must EPA’s registration of pesticides

and approval of pesticide labels.

As Riegel indicates, allowing Durnell’s state tort claim to

overcome preemption would affect more than FIFRA. The

Medical Device Amendments and several other federal

statutes across a range of industries contain similar or

identical labeling preemption provisions. See, e.g., 21

U. S. C. §§678; 1052(b); 467e; 379s(a), 379r(a)(2); 343–

1(a)(2)–(4). Those similar labeling preemption clauses

6 The MDA’s express preemption clause provides that “no State . . .

may establish or continue in effect with respect to a device intended for human use any requirement—(1) which is different from, or in addition to, any requirement applicable under this chapter to the device, and (2) which relates to the safety or effectiveness of the device or to any other matter included in a requirement applicable to the device under this chapter.” 21 U. S. C. §360k(a) (emphasis added).

14 MONSANTO v. DURNELL

Opinion of the Court

reflect Congress’s judgment that the ability to sell a product throughout the country with a single label can be important

to maintaining an efficient nationwide market.

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.7

III

Durnell counters with four overlapping arguments, none

of which is persuasive.

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

7 Because we conclude that Durnell’s failure-to-warn claim is expressly

preempted, we need not consider Monsanto’s implied preemption

argument.

Cite as: 609 U. S. ____ (2026) 15

Opinion of the Court

FIFRA’s preemption clause and the uniformity that

Congress sought for safety warnings on pesticide labels.

Durnell’s argument implausibly maintains that EPA’s

registration and labeling determinations do not have

preemptive force. But by its text, FIFRA affords

preemptive force to federal requirements imposed “under”

FIFRA, not merely those imposed “by” the actual statute

itself. §136v(b). And FIFRA authorizes EPA to “prescribe

regulations to carry out the provisions of [FIFRA],” and

requires EPA to make registration and labeling

determinations. §§136w(a)(1), 136a(c)(5)(B). EPA’s

regulations require manufacturers to use the label

approved by EPA, or face potential civil or criminal

penalties. See 40 CFR §§152.44(a), 156.70(c) (2025); 7

U. S. C. §§136j(a)(1)(E), 136l. So EPA’s registration

determinations as to the appropriate level of warning on a

pesticide’s label impose “requirements” “under” FIFRA.

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.

Second, Durnell claims that EPA’s regulations—and its

procedures for registering pesticides and approving

pesticide labels—exceed or contravene EPA’s statutory

authority under FIFRA. See Brief for Respondent 21–25,

39–40 (citing Loper Bright Enterprises v. Raimondo, 603

U. S. 369 (2024)).

16 MONSANTO v. DURNELL

Opinion of the Court

Durnell is incorrect. Again, FIFRA empowers EPA to

“prescribe regulations to carry out the provisions of

[FIFRA].” 7 U. S. C. §136w(a)(1). And FIFRA expressly

directs EPA to register pesticides and “determin[e]” that

the pesticide’s “labeling” complies with FIFRA’s many

specific requirements. §136a(c)(5)(B). During that

extensive registration process, EPA critically evaluates the

pesticide’s label to ensure that the label contains all

warnings necessary to protect human health. After EPA

makes a determination about the appropriate warnings for

a pesticide’s label, a manufacturer is legally required to use that label unless and until EPA subsequently approves or

requires a new label. See 40 CFR §§152.44(a), 156.70(c).

Under FIFRA’s preemption provision, those federal

labeling requirements displace any additional or different

state-law requirements.

Third, Durnell (also echoed by the dissent) seizes on one

of FIFRA’s self-described “[m]iscellaneous” provisions, 7

U. S. C. §136a(f )(2), which provides that “[i]n no event shall registration . . . be construed as a defense for the

commission of any offense under this subchapter,” but that

registration is “prima facie” evidence of compliance with the

registration provisions. Durnell argues that the fact of

“registration” of a pesticide like Roundup could not serve as

a defense to an EPA enforcement action for misbranding

and therefore cannot serve as a defense in a state tort suit

that parallels a federal misbranding action.

That argument would effectively erase FIFRA’s express

preemption clause. And the argument fails for multiple

independent reasons.

To begin, §136a(f )(2), by its text, does not apply to state

tort suits. That provision simply clarifies that registration

does not bar EPA enforcement actions against

manufacturers for violating FIFRA.

Moreover, the premise of Durnell’s §136a(f )(2) argument

is flawed. It is highly doubtful that EPA would bring an

Cite as: 609 U. S. ____ (2026) 17

Opinion of the Court

enforcement action for misbranding against a

manufacturer for using the EPA-approved and EPArequired label. Rather, a manufacturer’s label might

constitute a misbranding violation if the label (i) included

information that was not on the EPA-approved label, or

(ii) omitted information that was on the EPA-approved

label. Under those circumstances, the mere fact of

registration obviously may not serve as a complete defense

to an EPA enforcement action, as §136a(f )(2) indicates. In

that context, §136a(f )(2) makes complete sense.

But Durnell’s failure-to-warn claim does not fault

Monsanto for using a label different from the EPA-approved

labeling. Durnell instead faults Monsanto for not using a

label different from the EPA-approved label. But FIFRA’s

preemption clause expressly preempts any state tort claim

that would require a pesticide manufacturer to use a label

“in addition to” or “different from” federal requirements

imposed under FIFRA, which, as explained above, include

the EPA-approved label.

And even more problematic for Durnell, EPA regulations

promulgated under FIFRA require a manufacturer to use

the EPA-approved label and prohibit the manufacturer

from unilaterally changing the label without EPA’s

approval. See 40 CFR §§152.44(a), 156.70(c). Indeed, if the

manufacturer unilaterally changed the label, as Durnell

says Monsanto should have done, the manufacturer would

be flouting EPA’s regulations and exposing itself to

potentially severe federal penalties. See 7 U. S. C.

§§136j(a)(1)(E), 136l. So Durnell’s argument also triggers

potential retroactivity and estoppel questions. The law is

not ordinarily read to retroactively penalize persons for

doing what the Government had required them to do. Cf.

Landgraf v. USI Film Products, 511 U. S. 244 (1994).

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

18 MONSANTO v. DURNELL

Opinion of the Court

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 risk,” “as a

practical matter, what happens is EPA gets information

and might ask the manufacturer . . . can you please try to

amend your registration and change it?”).

But suppose (contrary to the United States’ express

representation to this Court) that EPA someday did charge

a manufacturer with misbranding for using the EPAapproved and EPA-required label. Even in that unlikely

scenario, Durnell’s §136a(f )(2) argument would falter in

light of the statutory text and context. To reiterate,

§136a(f )(2)’s proviso that registration is not a defense is

limited to EPA enforcement actions for “any offense under

this subchapter.” And it would be rather bizarre to read a

provision entitled “[m]iscellaneous” and dealing only with a

defense to an EPA enforcement action to upend FIFRA’s

carefully calibrated and EPA-centric regulatory scheme.

Make no mistake: Durnell’s §136a(f )(2) argument would

negate FIFRA’s express preemption clause, expose

manufacturers to potentially massive tort liability for doing

what EPA required them to do, and eviscerate the

Cite as: 609 U. S. ____ (2026) 19

Opinion of the Court

“uniformity” of EPA’s labeling determinations. See

§§136a(f )(2), 136v(b). 8

In addition, Durnell’s §136a(f )(2) argument does not

work for yet another reason. Monsanto is not invoking the

mere fact of “registration” as a complete defense to state

tort suits. Rather, Monsanto is relying on EPA’s specific

determination that cancer warnings are not required for

glyphosate-based pesticide labels. So even by its own

terms, §136a(f )(2) would not apply here.

Last, Durnell’s §136a(f )(2) argument contravenes this

Court’s decision in Riegel. In that case, FDA was

statutorily authorized to withdraw premarket approval for

a medical device based on “newly reported data or existing

information.” 552 U. S., at 319. And FDA was obligated to

withdraw approval if it “determine[d] that a device is

unsafe or ineffective.” Id., at 319–320. But the possibility

that FDA could withdraw its premarket approval based on

new evidence or new analysis did not preclude this Court

from concluding that FDA’s premarket approval imposed

“requirements” on manufacturers that preempted state tort

suits under the Medical Device Amendments’ materially

identical preemption clause. Id., at 322–323.9

8 Durnell’s §136a(f )(2) argument also runs up against the Act’s history.

Under the initial 1947 Act, manufacturers would apply to register their pesticides with the Secretary of Agriculture, and the Secretary’s decision to grant registration was essentially mandatory. See 61 Stat. 163, 168; Bates v. Dow Agrosciences LLC, 544 U. S. 431, 437, n. 8 (2005). At that time, registration did not indicate compliance with the Act. So §136a(f )(2) is a vestige of that earlier regulatory approach, which is another contextual reason not to interpret it so broadly as to erase FIFRA’s later-added preemption clause.

9 The dissent advances two further arguments for distinguishing

Riegel. Neither works. First, the dissent contends that the Medical Device Amendments lack an equivalent to FIFRA’s §136a(f )(2). See post, at 19–20. But as explained above, premarket approval of a medical device did not prevent the FDA from later withdrawing its approval, just as §136a(f )(2) and other statutory provisions indicate that the mere fact 20 MONSANTO v. DURNELL

Opinion of the Court

So too here. The theoretical possibility that EPA could

(despite its representation otherwise) try to bring a

misbranding enforcement action against a pesticide

manufacturer on the theory that the EPA-approved and

EPA-required label had in essence become misbranded over

time due to new evidence does not deprive EPA’s

registration decisions of their preemptive force.

Fourth, and relatedly, Durnell raises concerns about the

scenario in which new safety information arises after EPA’s

initial registration determination and labeling approval.

As described at length above, however, Durnell’s policy

concern about regulatory lag is amply addressed by the

extensive processes that FIFRA and EPA’s implementing

regulations have established to respond to new or evolving

safety information. For example, manufacturers must

apprise EPA of new information “regarding unreasonable

adverse effects” of their pesticides. §136d(a)(2). That

obligation is backed by civil and criminal penalties. §136l.

EPA, meanwhile, also has many ways of ensuring a

pesticide’s continued compliance with FIFRA. EPA does

not sit in an information-free silo. It keeps abreast of new

safety developments. EPA may request additional

of registration does not foreclose EPA from later changing its labeling requirements.

Second, the dissent points out that Riegel did not consider state-law claims that were parallel to “an applicable federal requirement, apart from the FDA’s premarket approval process.” Post, at 20. From that, the dissent concludes that Riegel does not control this case, which involves state-law claims that are allegedly parallel to an applicable federal requirement—FIFRA’s misbranding prohibition. See post, at 20. But that conclusion does not follow. It is true that Riegel did not assess whether the state-law claims at issue were “different from, or in addition to” the relevant federal-law requirements. 552 U. S., at 330 (quotation marks omitted). But Riegel indisputably did resolve the question of whether premarket approval constituted a “requirement” for preemption purposes. See id., at 322–323. That is the portion of Riegel that controls here: It establishes that EPA’s analogous registration and label approval determinations are “requirements” under FIFRA.

Cite as: 609 U. S. ____ (2026) 21

Opinion of the Court

information from manufacturers whenever the Agency

“determines that additional data are required to maintain”

a pesticide’s registration. §136a(c)(2)(B)(i). And EPA

possesses ample resources to evaluate that information.

EPA may solicit “comments, evaluations, and

recommendations” to “improve the effectiveness and

quality” of EPA’s “scientific analyses” from scientific

advisory panels. §136w(d)(1).

For example, in the aftermath of the International

Agency for Research on Cancer’s classification of glyphosate

as probably carcinogenic, EPA commissioned multiple

reports about glyphosate’s potential carcinogenicity from

its Cancer Assessment Review Committee and Office of

Pesticide Programs. See EPA, Office of Chemical Safety

and Pollution Prevention, Glyphosate: Report of the Cancer

Assessment Review Committee 7–8 (Oct. 1, 2015); EPA,

Office of Pesticide Programs, Revised Glyphosate Issue

Paper: Evaluation of Carcinogenic Potential 13 (Dec. 12,

2017).

Moreover, if third parties (like Durnell) want to bring

new information to EPA’s attention or if they believe that

EPA has failed to consider relevant information, those third

parties are free to petition EPA to modify, suspend, or

cancel a pesticide’s registration. See 40 CFR §154.10. And

EPA’s decision in response to such a petition is subject to

judicial review. See 7 U. S. C. §§136n(a), 136d(h).10

As demonstrated by that comprehensive regulatory

regime, EPA possesses a variety of tools to learn of and

address new safety information. And as a matter of law,

state tort law may not impose labeling requirements “in

10 If a citizen becomes aware of new safety concerns that arise after

registration, the citizen is free to bring the information to EPA’s attention and ask EPA to cancel or suspend the pesticide’s registration, or require a labeling change. But that is quite different from seeking to retroactively penalize a manufacturer for doing what it was legally required to do at the time.

22 MONSANTO v. DURNELL

Opinion of the Court

addition to” or “different from” federal requirements

imposed under FIFRA.

* * *

With respect to pesticide labels, FIFRA demands

“[u]niformity” and expressly preempts state labeling

requirements that are “in addition to” or “different from”

federal labeling requirements. §136v(b). Durnell’s statelaw failure-to-warn claim would require a cancer warning

on Roundup’s label—a requirement “in addition to” and

“different from” the label required by EPA under FIFRA.

FIFRA therefore expressly preempts Durnell’s claim. We

reverse the judgment of the Missouri Court of Appeals and

remand the case for further proceedings not inconsistent

with this opinion.

It is so ordered.

Cite as: 609 U. S. ____ (2026) 1

THOMAS, J., concurring

SUPREME COURT OF THE UNITED STATES

No. 24–1068

MONSANTO COMPANY, PETITIONER v.

JOHN L. DURNELL

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF

MISSOURI, EASTERN DISTRICT

[June 25, 2026]

JUSTICE THOMAS, concurring.

I agree with the Court’s interpretation of the Federal Insecticide, Fungicide, and Rodenticide Act and its application of our preemption precedents. I therefore join its opinion in full. I write separately to call attention to some of the underlying constitutional infirmities in the Act.

First, the Act likely exceeds Congress’s authority under

the Commerce Clause, which authorizes Congress to regulate “Commerce . . . among the several States.” Art. I, §8,

cl. 3. This power allows Congress to regulate “selling, buying, and bartering” across state lines. United States v.

Lopez, 514 U. S. 549, 585 (1995) (THOMAS, J., concurring).

It does not allow Congress to regulate “agriculture” or

“manufacturing,” activities entirely “separate” from “commerce.” Id., at 586.

The Act is a “comprehensive regulatory statute” that appears to regulate more than the Commerce Clause allows.

Ruckelshaus v. Monsanto Co., 467 U. S. 986, 991 (1984). As

this Court has acknowledged, the Act “regulate[s] the use,

as well as the sale” of pesticides and “regulate[s] pesticides produced and sold in . . . intrastate . . . commerce.” Id., at 991–992. The Act, among other things, requires pesticide

manufacturers to register their pesticides with the Environmental Protection Agency, submit information about

them, and use EPA-approved labels before selling the

2 MONSANTO v. DURNELL

THOMAS, J., concurring

pesticides anywhere. Ante, at 2–4. A manufacturer that

does not use the approved label may be subject to civil and

criminal penalties, regardless of whether the goods are sold

in interstate commerce. Ante, at 4. And, the Act goes even

further, making it illegal for consumers to use registered

pesticides in ways inconsistent with their label. 7 U. S. C.

§§136j(a)(2)(G), 136l(b)(2). The Act thereby purports to regulate how an individual who owns pesticide products such

as Roundup can use those products, even if he bought them

at a locally owned store down the street, and even if he

seeks to use them in his own backyard. Accordingly, the

Act is likely unconstitutional in many applications.

Second, the Act raises questions about Congress’s ability

to delegate core legislative power to the EPA. As the Court

explains, ante, at 3, Congress granted the EPA the authority to issue regulations for carrying out the Act.

§136w(a)(1). The EPA has thereby issued “extensive regulations . . . dictating what must appear on a pesticide’s label.” Ante, at 3. Through these label regulations, the EPA

exercises immense power over private businesses and individuals. Violating certain regulations is a federal offense.

§136j(a)(2)(S). The EPA thus appears to “make substantive

rules . . . punishable with fines or imprisonment,” a core

legislative power that cannot be delegated. Learning Resources, Inc. v. Trump, 607 U. S. 229, 318 (2026) (THOMAS,

J., dissenting).*

*Such delegations of broad regulatory authority often benefit large incumbent companies at the expense of smaller competitors and consumers. Incumbent companies “exercise considerable sway over agency rules,” S. Prakash, The Sky Will Not Fall, in The Administrative State Before the Supreme Court 293 (P. Wallison & J. Yoo eds. 2022), which they use to lobby for more “favorable regulations” that “protect the existing regulated firms from threats arising from new firms,” T. Sowell, Basic Economics: A Citizen’s Guide to the Economy 107–108 (2004). Those regulations often enable a “profitable alliance” between corporations and government, as the corporations look “for government to

Cite as: 609 U. S. ____ (2026) 3

THOMAS, J., concurring

Third, and relatedly, the Act raises questions about the

extent to which federal agency action can preempt state

law, a form of preemption taken for granted by the parties

in this case. See Brief for Respondent 37, 39, 43, 49. The

Supremacy Clause makes “[t]his Constitution, and the

Laws of the United States which shall be made in Pursuance thereof; and all Treaties . . . the supreme Law of the

Land.” Art. VI, cl. 2. The Constitution, federal law, and

treaties thus preempt any conflicting state law. See, e.g.,

Wyeth v. Levine, 555 U. S. 555, 584–588 (2009) (THOMAS, J.,

concurring in judgment). Administrative action appears

difficult to fit under the Supremacy Clause. Agency action

is not the Constitution. Nor is it a treaty. And, “Laws” are

made by Congress and the President through bicameralism

and presentment. See Art. I, §7, cl. 2. So, if “agency action

qualifies as ‘supreme Law,’ ” then it arguably “violates the

Constitution’s separation of powers.” D. Rubenstein, The

Paradox of Administrative Preemption, 38 Harv. J. L. &

Pub. Pol’y 267, 334 (2015). On the other hand, if agencies

cannot make “Law” their actions seem to fall “beyond the

Supremacy Clause’s purview” and cannot preempt state

law. Ibid.

Of course, to the extent that federal agency action is

treated with the force of law, regulated parties should likely not be compelled by state law to take contradictory actions.

See Wyeth, 555 U. S., at 588 (opinion of THOMAS, J.) (agreeing that valid federal regulations can preempt conflicting

state laws). But, the difficulty illustrates the consequences

of the modern administrative state and our mistaken

cartelize their industry after private efforts for cartels and monopoly ha[ve] failed.” M. Rothbard, The Progressive Era 318 (2017).

This scheme is a perfect example. As the Court explains, EPA approval entails onerous registration requirements, imposing a formidable barrier to entry for any company that, unlike a worldwide chemical conglomerate, lacks the capacity to commission scientific safety and efficacy studies. See ante, at 2–6.

4 MONSANTO v. DURNELL

THOMAS, J., concurring

separation-of-powers jurisprudence. If agencies were not

exercising core legislative power, especially through

schemes that exceed even Congress’s powers, there would

be far less occasion to address conflicts between agency actions and state law that the Constitution’s Framers would

not have envisioned.

Cite as: 609 U. S. ____ (2026) 1

JACKSON, J., dissenting

SUPREME COURT OF THE UNITED STATES

No. 24–1068

MONSANTO COMPANY, PETITIONER v.

JOHN L. DURNELL

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS OF

MISSOURI, EASTERN DISTRICT

[June 25, 2026]

JUSTICE JACKSON, with whom JUSTICE GORSUCH joins,

dissenting.

In 2019, John Durnell brought a state-law failure-towarn claim against Monsanto, an agrochemical company

that manufactures and distributes a widely used pesticide

called Roundup. Durnell claimed that he had developed

non-Hodgkin’s lymphoma, a type of blood cancer, due to his

two-decade-long use of Roundup. Roundup’s label did not

(and still does not) include any warning about the risk of

developing cancer. Durnell thus sued Monsanto in Missouri state court, alleging that Roundup’s label lacked a

necessary warning. After a 9-day trial, the jury agreed and

awarded Durnell $1.25 million in compensatory damages.

Monsanto argues that 7 U. S. C. §136v(b)—a provision of

the Federal Insecticide, Fungicide, and Rodenticide Act

(FIFRA)—expressly preempts Durnell’s failure-to-warn

claim. See ibid. (providing that state labeling “requirements” that are “in addition to or different from those required under” FIFRA are preempted). Today, the Court

agrees. The majority emphasizes that the Environmental

Protection Agency (EPA) has consistently registered

Roundup—a precondition to Monsanto’s ability to sell that

product—and has thus approved Roundup’s label without a

cancer warning. Ante, at 6–7. According to the majority,

the EPA’s registration decision and approval of Roundup’s

2 MONSANTO v. DURNELL

JACKSON, J., dissenting

label created a labeling “requirement” under FIFRA:

namely, that Monsanto sell Roundup with the label exactly

as the EPA approved it. Ante, at 10–11. Thus, the majority

concludes, Durnell’s lawsuit added a labeling requirement

that federal law did not require, triggering preemption per

§136v(b). Ante, at 11.

In so holding, the Court departs from the nearunanimous view of the many state and federal courts that

have rejected this preemption argument.1 In my view, the

majority should have joined that chorus. Durnell’s failureto-warn claim is not “in addition to or different from”

FIFRA’s mandates; it is equivalent to FIFRA’s key labeling

requirement—the misbranding prohibition. And Durnell’s

claim does not conflict with any other FIFRA “requirement”

for §136v(b) purposes because the EPA’s registration of a

pesticide and approval of its label does not create a labeling requirement under FIFRA.

So, I respectfully dissent. In accepting Monsanto’s argument and holding that Durnell’s failure-to-warn claim is

preempted, the Court misunderstands FIFRA’s requirements, misinterprets the scope of FIFRA’s preemption, and

ultimately leaves Durnell without a remedy for the significant harms he has suffered.

I

Congress has the power to preempt state law. It can do

so expressly through the text of a federal statute or impliedly. Regardless of the method, federal preemption is

1 See, e.g., 707 S. W. 3d 828, 835 (Mo. App. 2025) (case below); Carson

v. Monsanto Co., 92 F. 4th 980, 986 (CA11 2024); Hardeman v. Monsanto Co., 997 F. 3d 941, 954 (CA9 2021); Anderson v. Monsanto Co., 719 S. W. 3d 755, 798 (Mo. App. 2025); Caranci v. Monsanto Co., 338 A. 3d 151, 170 (Pa. Super. 2025); Dennis v. Monsanto Co., 116 Cal. App. 5th 322, 342, 339 Cal. Rptr. 175, 188 (2025); Johnson v. Monsanto Co., 333 Ore. App. 678, 699–701, 554 P. 3d 290, 306–308 (2024); Pilliod v. Monsanto Co., 67 Cal. App. 5th 591, 613, 282 Cal. Rptr. 3d 679, 698 (2021); but see Schaffner v. Monsanto Corp., 113 F. 4th 364, 399 (CA3 2024).

Cite as: 609 U. S. ____ (2026) 3

JACKSON, J., dissenting

typically premised on a conflict between federal and state

law. See Murphy v. National Collegiate Athletic Assn., 584

U. S. 453, 477 (2018). Under the Constitution’s Supremacy

Clause, Art. VI, cl. 2, “federal law takes precedence” over

conflicting state law “and [thus] the state law is

preempted.” Murphy, 584 U. S., at 477.

Importantly, however, there is not always a complete conflict between a federal statute and state law, even if they

address the same subject matter. That is, federal law does

not necessarily box out all state regulation on a particular

issue. Congress can and does enact statutory provisions

that specifically define the preemptive scope of the federal

law. See, e.g., Montgomery v. Caribe Transport II, LLC, 608

U. S. ___, ___–___ (2026) (slip op., at 2–3) (describing

preemption provision that carves out state safety regulations); cf. Cipollone v. Liggett Group, Inc., 505 U. S. 504, 517 (1992) (“Congress’ enactment of a provision defining the

pre-emptive reach of a statute implies that matters beyond

that reach are not pre-empted”). And federal preemption

provisions often permit parallel state laws—i.e., those that

“merely duplicate federal requirements.” Bates v. Dow

Agrosciences LLC, 544 U. S. 431, 442, 453 (2005). When allowing state-law versions of a federal mandate, Congress

displaces state law only “to the extent of th[e] difference”

from federal law. Id., at 453. Thus, state law can still “provide a traditional damages remedy for violations of common-law duties when those duties parallel federal requirements.” Medtronic, Inc. v. Lohr, 518 U. S. 470, 495 (1996).

FIFRA fits this mold. It is a federal statute that regulates

the sale and use of pesticides, and among other things, requires that pesticides bear detailed labels providing consumers with information about how to use them and what

risks they pose. FIFRA expressly limits States’ authority

to regulate pesticide labels, but it does not eliminate that

authority. Instead, FIFRA preempts only those state “requirements for labeling or packaging in addition to or

4 MONSANTO v. DURNELL

JACKSON, J., dissenting

different from” the requirements under FIFRA. §136v(b).2

This means that state labeling requirements “equivalent

to” FIFRA’s requirements are not preempted. Bates, 544

U. S., at 447. In other words, FIFRA’s preemption clause

does not block state-law claims where the violation of state

law is also a violation of FIFRA. Id., at 454.

II

To analyze the reach of FIFRA’s preemption provision, I

begin, per usual, with the statute’s text. See Chamber of

Commerce of United States of America v. Whiting, 563 U. S.

582, 594 (2011). To repeat: §136v(b) provides that a “State

shall not impose or continue in effect any requirements for

labeling or packaging in addition to or different from those

required under” FIFRA. To distinguish the state laws this

provision preempts from those that can continue unabated,

one must, first, identify the “requirements” under FIFRA,

and, second, determine whether the state law imposes requirements that are “in addition to or different from” (as

opposed to the equivalent of ) those FIFRA requirements.

Here, the majority falters on both tasks. FIFRA’s labeling requirements are established by statute and regulation,

and those requirements are no different than the labeling

duties imposed by Missouri via its failure-to-warn tort. The

state-law claim at issue reflects a parallel requirement that

is fully consistent with FIFRA’s primary labeling duty—its

misbranding prohibition—and makes no additional asks of

those who are subject to it.

A

“A requirement is a rule of law that must be obeyed.”

Bates, 544 U. S., at 445. In interpretating FIFRA, this

Court has previously held that the term “requirements” includes “positive enactments, such as statutes and

2 As the majority points out, many federal statutes contain similarly

limited express preemption clauses. Ante, at 13–14 (collecting statutes).

Cite as: 609 U. S. ____ (2026) 5

JACKSON, J., dissenting

regulations,” as well as “common-law duties.” Id., at 443.

Thus, the “requirements” under FIFRA that can preempt

state labeling requirements are those directives “set out in

FIFRA and its implementing regulations.” Id., at 452.

FIFRA’s principal labeling requirement is its prohibition

on selling or distributing “misbranded” pesticides.

§136j(a)(1)(E). The statutory definition of “misbranded” is

extensive, establishing many detailed supplementary labeling requirements. See §136(q). For example, a pesticide

that contains a highly toxic substance but does not have the

“skull and crossbones” and the word “ ‘poison’ ” on its label

is misbranded. §136(q)(2)(D). So too is a pesticide that does

not bear an ingredient statement. §136(q)(2)(A). And so is

a pesticide that has “false or misleading” statements on its

label. §136(q)(1)(A).

Another type of prohibited misbranding is relevant to today’s dispute: A pesticide is misbranded if “the label does

not contain a warning or caution statement which may be

necessary and . . . is adequate to protect health and the environment.” §136(q)(1)(G). Adequate warnings must,

among other things, protect against “any unreasonable risk

to [humans] or the environment, taking into account the

economic, social, and environmental costs and benefits of

the use of any pesticide.” §136(bb); see §136(x). Consequently—and this is important to remember—one requirement under FIFRA is that a pesticide’s label must contain

“adequate” and “necessary” warnings. §136(q)(1)(G).

FIFRA does not specify the particular warnings that are

adequate and necessary (and thus comply with the misbranding prohibition). But the EPA has started to fill in

that gap by promulgating regulations to “give content to”

FIFRA’s misbranding prohibition in certain contexts.

Bates, 544 U. S., at 453. For the adequate-and-necessarywarnings requirement, EPA regulations require labels to

contain specific precautionary statements in a certain circumstance: where the pesticide may cause particularly

6 MONSANTO v. DURNELL

JACKSON, J., dissenting

acute hazards. See 40 CFR §§156.60–156.70 (2025); see

also §156.10(a)(1)(vii). The regulations dictate that, for certain categories of toxins, a pesticide manufacturer must add

to the product label different “signal word[s]”: “ ‘DANGER,’ ” “ ‘WARNING,’ ” and “ ‘CAUTION.’ ” §156.64.

To date, the EPA has not promulgated any other regulations pertaining to FIFRA’s adequate-and-necessary-warning requirement.3 Critically for present purposes, the

EPA’s regulations do not set specific requirements for label

warnings relating to chronic risks, like cancer.4 FIFRA’s

misbranding prohibition establishes the broad requirement

that a pesticide’s label contain necessary and adequate

warnings for any chronic risks, but neither the statute nor

3 The EPA has promulgated regulations that give content to a different

aspect of FIFRA’s misbranding prohibition: the false-or-misleadingstatement element. Those regulations provide a nonexhaustive list of statements that qualify as false or misleading and therefore would render the pesticide misbranded. See 40 CFR §156.10(a)(5) (2025) (prohibiting, for example, “[c]laims as to the safety of the pesticide” such as “ ‘safe’ ” or “ ‘nontoxic to humans and pets’ ”).

4 The majority asserts that cancer warnings are a type of precautionary

statement covered by the EPA’s regulations, relying on its unsupported view of the “ordinary meaning of ‘hazards’ and ‘precautionary statements.’ ” Ante, at 10–11, n. 5. That is mistaken. Whatever the ordinary meaning of the term (and whatever the United States’ litigation-created interpretation), the “[p]recautionary statements” regulations are expressly directed at only acute hazards. §156.70. The regulations require that, if the pesticide may pose “an acute hazard” to “humans or domestic animals,” then the pesticide’s label “must bear precautionary statements describing the particular hazard.” §156.70(b) (emphasis added). The regulations then list the “typical hazard and precautionary statements”: warnings that the pesticide is or may be “[f]atal” or “[h]armful” if swallowed or that it could cause eye or skin irritation. §156.70(c). The risk of developing cancer is not listed as an “acute” hazard. Nor could it be; cancer is a long-term or chronic risk. While the EPA does, as part of its registration decision, evaluate the chronic risks a pesticide may pose, see ante, at 11, n. 5, the EPA has not promulgated regulations addressing when a cancer warning must be included on a label or what a cancer warning must say. The precautionary-statements regulations simply have nothing to do with cancer warnings.

Cite as: 609 U. S. ____ (2026) 7

JACKSON, J., dissenting

the EPA’s regulations dictate more specific requirements

for such warnings.

B

All this has implications for the meaning of FIFRA’s

preemption provision. The provision’s language establishes

that when FIFRA itself or the EPA’s regulations require

specific statements on a pesticide’s label—such as the skull

and crossbones or a particular “signal word”—a state law

that requires additional or different statements is

preempted. But, absent such federal-law requirements, a

state-law duty that simply parallels FIFRA’s misbranding

prohibition is not preempted.

Suppose, for example, a State mandates that pesticides

causing moderate skin irritation bear the word

“WARNING.” That state law would be preempted by

FIFRA because the EPA’s regulations require that the label

for pesticides causing moderate skin irritation bear the signal word “CAUTION.” 40 CFR §§156.62, 156.64(a)(3). The

State’s labeling requirement is different from (and indeed

conflicts with) the EPA’s regulations. By contrast, if a State seeks to hold a manufacturer liable under state law for failing to label a pesticide with the same warning words that

federal regulations require, application of the state law

would not be preempted under 7 U. S. C. §136v(b). In that

situation, the State is not requiring anything “in addition

to or different from” FIFRA’s requirements.

Consider another example. A State wants to ensure that

the pesticides its residents use are properly labeled and

contain all warnings necessary and adequate to protect

against unreasonable risks to its residents and the environment. So it either enacts a statute that makes liable any

pesticide manufacturer that fails to provide adequate and

necessary warnings, or relies on the existing tort regime to

accomplish this same result. In either case, the state-law

scheme merely “duplicate[s]” FIFRA’s adequate-and8 MONSANTO v. DURNELL

JACKSON, J., dissenting

necessary-warnings requirement—and is therefore not

preempted. Bates, 544 U. S., at 442. Why not? Because

the State is not requiring anything “in addition to or different from” what FIFRA’s own misbranding prohibition requires.

With that background, it is easy to see that Durnell’s

failure-to-warn claim—which faults Monsanto for not including cancer warnings on the Roundup label—does not

trigger preemption under FIFRA. Missouri’s failure-towarn tort punishes the sale of unreasonably dangerous

products, like pesticides, without “adequate warning of the

danger.” Moore v. Ford Motor Co., 332 S. W. 3d 749, 756

(Mo. 2011) (en banc). As the Missouri Court of Appeals explained, Durnell’s claim has the same “practical effect” as

FIFRA’s misbranding prohibition: “[B]oth require a pesticide manufacturer to adequately warn users of the potential dangers of using its product.” 707 S. W. 3d 828, 833

(2025) (internal quotation marks omitted). Durnell’s claim

does not impose any labeling requirement that is “in addition to or different from” what FIFRA itself requires,

§136v(b); instead, the standards prescribed by federal and

state law are equivalent.5

5 To be clear, Missouri’s failure-to-warn claim is equivalent to FIFRA’s

misbranding prohibition at least as presented to us. Monsanto argues that Missouri’s tort is not equivalent because it permits, but does not require, a jury to conduct the cost-benefit analysis that FIFRA’s adequate-and-necessary-warnings requirement appears to mandate. See Rodriguez v. Suzuki Motor Corp., 996 S. W. 2d 47, 65 (Mo. 1999) (en banc) (leaving the decision of what it means to be “unreasonably dangerous” to the jury (internal quotation marks omitted)); 7 U. S. C. §136(bb) (incorporating the “costs and benefits of the use of any pesticide” into the definition of “misbranded”).

But any potential difference does not doom Durnell’s claim. Recall that preemption displaces state law only “to the extent of th[e] difference” between state and federal law. Bates v. Dow Agrosciences LLC, 544 U. S. 431, 453 (2005). Monsanto has not properly presented any argument that Durnell’s claim in fact imposes a requirement that differs from

Cite as: 609 U. S. ____ (2026) 9

JACKSON, J., dissenting

Why might a federal law that expressly seeks “[u]niformity” in labeling, §136v(b), leave room for parallel state

tort suits like Durnell’s? As we have previously explained,

“FIFRA contemplates that pesticide labels will evolve over

time.” Bates, 544 U. S., at 451. To that end, “tort suits can

serve as a catalyst”—encouraging pesticide manufacturers

to “keep abreast of all possible injuries stemming from use

of their product” and to maintain labels with the necessary

and adequate warnings. Ibid. (internal quotation marks

omitted). Parallel state tort liability is an enforcement tool that can have a salutary information-forcing effect, and

that, in turn, helps ensure the effectiveness of FIFRA’s misbranding prohibition.

III

The majority does not view FIFRA’s misbranding prohibition as the relevant federal “requirement” for preemption

purposes. Instead, it ventures far beyond FIFRA and its

regulations, purporting to identify the relevant labeling requirement in the EPA’s approval of Roundup’s label. Ante,

at 10–11, 14. The argument goes like this: A manufacturer

must register its pesticide with the EPA before selling or

distributing it. §136a(a). As part of the registration

FIFRA’s misbranding prohibition. Monsanto did not seek a jury instruction at trial directing the jury to find for Durnell only if his evidence met the requirements for FIFRA’s misbranding standard. See id., at 454. Since it declined to present that argument to the jury, Monsanto cannot now complain that Durnell’s claim is actually broader than the federal requirement. Nor does Monsanto argue before us that the evidence at trial was insufficient to support a jury verdict for a failure-to-warn claim that was equivalent to FIFRA’s misbranding standard. Cf. Boyle v. United Technologies Corp., 487 U. S. 500, 513 (1988) (holding that a plaintiff would not be entitled to a new trial, even after the Court of Appeals reformulated the relevant defense, “[i]f the evidence presented in the first trial [still] would not suffice . . . to support a jury verdict under the properly formulated defense”). Accordingly, we cannot address whether Durnell’s failure-to-warn claim, in light of the evidence presented, is different than FIFRA’s misbranding standard.

10 MONSANTO v. DURNELL

JACKSON, J., dissenting

process, the EPA reviews and approves the pesticide’s label,

confirming that the label complies with FIFRA’s requirements. §136a(c)(5)(B). Furthermore, the EPA generally requires a manufacturer to get the agency’s approval before

changing its product’s label. 40 CFR §152.44.

As the majority sees it, the EPA’s registration of a pesticide and approval of its label creates a federal requirement

that the manufacturer use the label exactly as the EPA approved it. Ante, at 11. Here, the majority says, because the

EPA approved Roundup’s label without a cancer warning,

state law cannot require Roundup’s label to include one.

Ante, at 11, 14.

This theory has some intuitive appeal—federal approval

should count for something, after all. But, in reality, the

majority’s view is unmoored from the statute’s text and irreconcilable with our precedents.

A

1

Start with the text. In the same section of FIFRA that

lays out the pesticide registration process, the statute contains a crucial caveat: “In no event shall registration of [a

pesticide] be construed as a defense for the commission of

any offense under” FIFRA, 7 U. S. C. §136a(f )(2)—including misbranding, §136j(a)(1)(E). Rather, per the terms of

the statute, registration is merely “prima facie evidence

that the pesticide [and] its labeling . . . comply with the registration provisions of ” FIFRA. §136a(f )(2).

These two parts of §136a(f )(2) work in tandem. Registration is prima facie evidence that the pesticide’s label complies with FIFRA’s requirements, meaning that the EPA’s

approval reflects the agency’s best judgment that the label

satisfies FIFRA. See §136a(c)(5)(B). But prima facie evidence is not conclusive evidence. Thus, the statute clarifies

that, in the face of a misbranding charge, the EPA’s registration is not a defense. This means that the EPA’s

Cite as: 609 U. S. ____ (2026) 11

JACKSON, J., dissenting

approval of a pesticide’s label cannot conclusively establish

that the pesticide is not misbranded. The statute, in other

words, does not treat as infallible the EPA’s judgment as to

whether FIFRA’s misbranding provision has been violated.

For that reason, a pesticide may be “registered but nevertheless misbranded.” Bates, 544 U. S., at 438.

This, in turn, must mean that the EPA’s (not infallible)

approval of a pesticide’s label does not establish a “rule of

law that must be obeyed” when it comes to the pesticide’s

label. Id., at 445. Because the EPA’s registration decision

is not conclusive of the label’s compliance with the statute,

that registration decision itself cannot carry the force of

law, much less capture the universe of requirements with

which a manufacturer must comply to prevent its product

from being misbranded in violation of FIFRA. To conclude

otherwise would turn the registration decision from “prima

facie evidence” of compliance with FIFRA into conclusive

proof of such compliance. It defies logic to treat the EPA’s

approval of a pesticide’s label as creating a legal requirement under FIFRA when that approved label may not comply with the law.

The majority fails to grapple with any of this. Nor does

it address the internal tension its theory produces. The majority says that the registration process creates a requirement because a pesticide manufacturer must use the label

exactly as the EPA approved it, with no additions or

changes. But the statutory misbranding prohibition might

well require a different or additional warning on the label

than what the EPA approved, since approval is merely

prima facie evidence of compliance. The majority’s theory

thus cannot be squared with what FIFRA plainly requires.

That is, notwithstanding the EPA’s approval of its label, a

manufacturer has “a continuing obligation to adhere to

FIFRA’s labeling requirements,” including the misbranding

prohibition. Id., at 438.

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JACKSON, J., dissenting

In short, the EPA’s approval of the label cannot set a “requirement” for §136v(b) purposes. Instead, the requirements of FIFRA—the misbranding prohibition and the implementing regulations—dictate the contents of the label.

This is so because §136a(f )(2) makes clear that FIFRA’s

misbranding prohibition continues to apply to pesticides

even after they have been registered. The upshot here is

that, even though the EPA approved Roundup’s label, that

label could still lack a necessary warning.

A real-world example illustrates the interplay between

registration and misbranding. In 1999, the EPA approved

a label for a Roundup product distributed by Monsanto that

did not include any statements warning the user that the

pesticide could leak.6 But the EPA itself soon determined

that the approved label did not meet the requirements of

FIFRA because, “[w]hen used in accordance with its label

directions,” the pesticide could “leak or spray onto the user.” In re: The Monsanto Co., 2000 WL 1886918, *2 (EAB, Sept.

29, 2000). Accordingly, the EPA imposed civil penalties on

Monsanto for “distributing or selling misbranded pesticides.” Ibid.

This example rebuts the majority’s claim that a registered pesticide can be misbranded only if the label contains

information that was not on the label that the EPA approved or omits information that was. Ante, at 16–17. Far

from creating a new requirement under FIFRA, the EPA’s

approval of the label did not suffice to establish compliance

with the statutory requirement that a pesticide not be misbranded, nor did it shield Monsanto from liability for

6 See Roundup® L & G READY-TO-USE Fast Acting Formula Grass &

Weed Killer, EPA Reg. No. 239–2638, pp. 11–12 (June 8, 1999), https:// www3.epa.gov/pesticides/chem_search/ppls/071995-00008-19990608.pdf (archived at https://perma.cc/7EkZ-SPFW).

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JACKSON, J., dissenting

violating the misbranding requirement.7 And if a statetort duty, akin to Durnell’s failure-to-warn claim, had likewise required Monsanto to include a leak warning on the

label, the State’s requirement would have been identical to

FIFRA’s and therefore would not have been preempted—

regardless of the fact that the EPA had previously approved

the label without that warning.

The continuing force of FIFRA’s misbranding prohibition,

even after the EPA’s registration of a pesticide, thus resolves today’s preemption dispute. Since FIFRA’s misbranding prohibition remains a requirement with which

registered pesticides must comply, state-law duties that are

equivalent to the misbranding prohibition add nothing new

or different that would trigger preemption. If an additional

warning is necessary to comply with FIFRA’s misbranding

prohibition, then a state-law duty can require that warning,

even if the EPA approved the label without it.

2

The majority tries valiantly to discount the relevance of

§136a(f )(2)—the provision clarifying that the EPA’s registration decision is not conclusive of a pesticide manufacturer’s compliance with FIFRA’s misbranding prohibition.

Its efforts fail.

7 For a similar example, see In re: Ecolab Inc., 2009 WL 10729367

(EPA, June 22, 2009) (imposing civil penalties for misbranding on manufacturer whose three pesticides were ineffective against certain bacteria even though the EPA-approved labels stated that the pesticides were effective against those bacteria). See also A–33, EPA Reg. No. 42964–5, pp. 2, 4 (Aug. 24, 2004), https://www3.epa.gov/pesticides/chem_search/ ppls/042964-00005-20040824.pdf (archived at https://perma.cc/2JPGNXYA) (first label); A–33 Dry, EPA Reg. No. 42964–25, p. 3 (May 17, 2002), https://www3.epa.gov/pesticides/chem_search/ppls/042964-00025-20050517 (archived at https://perma.cc/T6LJ-ZUZB) (second label); Omega, EPA Reg. No. 42964–14, p. 2 (May 24, 2001), https://www3.epa. gov/pesticides/chem_search/ppls/042964-00014-20010524.pdf (archived at https://perma.cc/27XH-WMJZ) (third label).

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JACKSON, J., dissenting

The majority notes, for example, that §136a(f )(2) is in the

portion of the registration statute titled “[m]iscellaneous,”

and reasons that “it would be rather bizarre” for a miscellaneous provision to “upend” the statute’s preemption provision. Ante, at 18. But the policy concern about exposing

manufacturers to disruptive tort liability is no basis for ignoring the statute’s text. And the argument is also substantively faulty. It assumes the conclusion that the EPA’s approval of a label creates a “requirement” with preemptive

force (hence the bizarreness of housing this consequential

provision in a “miscellaneous” section of the statute). Under a correct interpretation of §136a(f )(2), however, the

EPA’s approval of the label does not create requirements.

So registration does not preempt different or additional

state-law requirements, §136a(f )(2) does not upend anything, and the “miscellaneous” placement of this provision

makes sense.

The majority also tries to cast doubt on §136a(f )(2)’s relevance to the preemption provision. In particular, the majority argues that §136a(f )(2) does not apply to state tort

lawsuits as a general matter, and that it would not apply

here because Monsanto did not invoke the fact of registration as a defense to Durnell’s claim. Ante, at 16, 19. But

this framing misses the point. Section 136a(f )(2)’s relevance to the preemption question is not whether Monsanto

intends to, or can, invoke registration as a defense to Durnell’s failure-to-warn suit. Instead, §136a(f )(2) clarifies

that a “no misbranding” conclusion cannot be based on the

fact of registration alone, thus demonstrating that registration itself does not create a labeling requirement under

FIFRA—in any context.

In addition to its attempt to downplay §136a(f )(2), the

majority also insists that the EPA’s registration of a pesticide must create a labeling requirement because the manufacturer cannot change its pesticide’s label without the

EPA’s approval, on pain of civil or criminal penalties. Ante,

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JACKSON, J., dissenting

at 10, 15, 17. But the majority’s analysis—which erroneously treats the EPA-approved label as a requirement under FIFRA—misstates FIFRA and the EPA’s implementing

regulations, and it also misunderstands the nature of

FIFRA’s express preemption clause.

First of all, it is wrong to say that FIFRA establishes that

a manufacturer can face civil or criminal penalties solely for using a label that differs from what the EPA approved. The

closest FIFRA comes to this is the provision that makes it

unlawful for any person to “alter . . . any labeling required

under” FIFRA. §136j(a)(2)(A). Notably, this provision does

not say that it is unlawful to alter the label that the EPA

approved. Instead, it protects only the “labeling required

under” FIFRA. And given §136a(f )(2), we know that the

EPA-approved label is not coextensive with the “labeling required under” FIFRA because FIFRA’s ongoing misbranding prohibition could require that the EPA-approved label

be amended.

Another variation of this argument is the majority’s contention that it is a violation of FIFRA’s misbranding provision “if a manufacturer sells its pesticide with a different

label than the one [the] EPA approved.” Ante, at 4. The

majority offers no support for this assertion—and there is

none. The statutory definition of misbranding does not say

that a pesticide sold with a label different from the EPAapproved label is necessarily misbranded. See generally

§136(q).

Second, the fact that a pesticide manufacturer must seek

the EPA’s approval for most labeling changes does not

change the express preemption calculus. Whatever the

manufacturer must do procedurally to get its product approved for marketing, FIFRA requires the manufacturer

not to sell a misbranded pesticide. The majority implicitly

acknowledges this when it notes that the EPA can require

changes to a pesticide’s label in light of new information or

analysis. Ante, at 10. The agency mandates such changes

16 MONSANTO v. DURNELL

JACKSON, J., dissenting

to ensure continued compliance with FIFRA’s requirements, including the misbranding prohibition. See §136d(b) (providing that the EPA can cancel a pesticide’s

registration or change its classification “[i]f it appears to the Administrator that a pesticide or its labeling . . . does not

comply with” FIFRA); §136d(d) (authorizing the EPA Administrator to “requir[e] modification of the labeling”). So

FIFRA’s misbranding prohibition continues to apply to registered pesticides. And state-law requirements that parallel FIFRA’s misbranding prohibition add nothing new.

Therefore, such state-law requirements can likewise apply

to registered pesticides.

At the end of the day, then, the majority’s theory of express preemption rests on a misinterpretation of FIFRA.

The EPA’s approval of a pesticide’s label does not create a

labeling requirement under FIFRA. Instead, FIFRA’s key

labeling requirement—the statutory prohibition on misbranding—continues to apply to registered pesticides even

though the EPA has approved their labels. State-law

claims that parallel the misbranding prohibition are not

preempted, even if the claim requires a warning that was

absent from the EPA-approved label. The majority thinks

it “implausibl[e]” that the “EPA’s registration and labeling

determinations do not have preemptive force.” Ante, at 15.

But, at bottom, the majority’s quibble is with the text of

FIFRA’s misbranding requirement and preemption provision, not with Durnell’s claim.

B

Perhaps recognizing all this, Monsanto embraces a more

extreme position: that a registered pesticide can never be

misbranded. Tr. of Oral Arg. 10–11. That argument is easily disposed of because it cannot be squared with our decision in Bates, 544 U. S. 431, which recognized that a pesticide can be “registered but nevertheless misbranded,” id.,

at 438. Indeed, Bates—the only prior case in which we

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JACKSON, J., dissenting

interpreted FIFRA’s preemption provision—not only requires flat rejection of this view; it also confirms that the

majority’s interpretation of §136v(b) is wrong.

The plaintiffs in Bates brought state tort claims against

Dow Agrosciences for failing to warn them that the use of

its pesticide in a particular type of soil would stunt crop

growth. Id., at 435. We held that States could impose labelbased requirements that were equivalent to FIFRA’s misbranding prohibition. Id., at 452–453. And we remanded

for the lower courts to decide in the first instance whether

the particular failure-to-warn claim at issue in Bates imposed a requirement equivalent to FIFRA’s misbranding

prohibition. Id., at 453–454.

That disposition is critical. Had Bates accepted the theory the majority adopts today, there would have been no

need to remand the case. That is, if the EPA’s approval of

a label preempted States from requiring any different or additional warnings, then a failure-to-warn claim would be

impossible. Our remand in Bates thus necessarily rejected

the theory that the EPA’s approval of the label creates a

labeling requirement that can preempt a state failure-towarn claim.

The majority tries unsuccessfully to rewrite Bates to support its view. It focuses principally on an example Bates

gave of the type of EPA regulation that could preempt a

failure-to-warn claim: the precautionary-statements regulations that require a “CAUTION” designation or a

“DANGER” designation depending on the pesticide’s toxicity. Ante, at 11–12 (citing Bates, 544 U. S., at 453). The

EPA’s registration determination, the majority says, is “just

like” those EPA regulations. Ante, at 12.

But the majority provides no justification for this comparison. For good reason: It is only the EPA’s duly promulgated regulations that can prescribe the content of a pesticide’s label, not the individualized registration decision.

Indeed, Bates made clear that the EPA’s registration

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JACKSON, J., dissenting

decision and the regulation providing for certain designations are not alike. Bates explained that the relevant federal requirements could be found in FIFRA’s misbranding

prohibition and “any relevant EPA regulations that give

content” to the misbranding standards. 544 U. S., at 453.

Bates also noted that “there appear to be relatively few regulations that refine or elaborate upon FIFRA’s broadly

phrased misbranding standards.” Ibid., n. 28. Thus, Bates

gave no suggestion that the EPA’s registration of a particular pesticide (and corresponding approval of its label) also

created requirements under FIFRA.

Nor could it. Because registration of a pesticide is not

conclusive of FIFRA compliance, the registration decision

cannot give content to FIFRA’s misbranding standard. Instead, Bates’s reference to the EPA regulations means just

that—the regulations that the EPA promulgated pursuant

to its statutory authority. See §136w(a).

The majority also points out that the Bates plaintiffs’

failure-to-warn claim concerned a pesticide’s lack of efficacy, while Durnell’s claim here relates to the pesticide’s

safety. Ante, at 12; see also Brief for Petitioner 31–34. That matters to Bates’s outcome, the majority says, because the

EPA had not reviewed the pesticide’s efficacy as part of the

registration process, so the EPA-approved label would of

course not preempt state-required statements related to efficacy. See §136a(c)(5).

The problem with this argument is that it is irrelevant to

our actual holding in Bates. Our decision did not rely on

the fact that the EPA had waived review of the pesticide’s

efficacy in its registration determination. Indeed, outside

of our discussion of the case’s factual background, we mentioned the agency’s decision to waive efficacy review only

once: when explaining why it was particularly important to

allow tort litigation in those circumstances. 544 U. S., at

450. But this was in the context of discussing an alternative ground for our holding, namely, applying a

Cite as: 609 U. S. ____ (2026) 19

JACKSON, J., dissenting

presumption against preemption. Id., at 449–450. It was

not support for our primary holding, grounded in the text of

the statute, that FIFRA does not preempt state tort claims

that parallel its requirements.8

Instead of relying on our precedent about FIFRA, the majority points to our decision in Riegel v. Medtronic, Inc., 552 U. S. 312 (2008). See ante, at 12–13. Riegel involved an

entirely separate statute: the Medical Device Amendments

of 1976 (MDA). Similar to FIFRA, the MDA established a

premarket registration scheme for medical devices that included review and approval of the devices’ labeling by the

Food and Drug Administration (FDA). 21 U. S. C.

§360e(d)(1)(A). The MDA also has an express preemption

provision similar to FIFRA’s. Specifically, the MDA

preempts state requirements “with respect to a device intended for human use” that are “different from, or in addition to, any requirement applicable under [the MDA] to the

device.” §360k(a). We held in Riegel that “[p]remarket approval . . . imposes ‘requirements’” specific to medical devices under the MDA. 552 U. S., at 322–323. So, the majority says, if premarket approval under the MDA creates

labeling requirements, then the EPA’s registration and approval of pesticide labels under FIFRA does too. Ante, at

13–14.

But in treating Riegel as dispositive, the majority ignores

a key difference between the MDA and FIFRA: The MDA

has nothing analogous to 7 U. S. C. §136a(f )(2). This matters because, again, §136a(f )(2) establishes that the EPA’s

8 Confirming the irrelevance of the EPA’s waiver of efficacy review to

our holding in Bates, we granted, vacated, and remanded—in light of Bates—a case holding that FIFRA preempted a safety-based failure-towarn claim. Oken v. Monsanto Co., 544 U. S. 1012 (2005); see Oken v. Monsanto Co., 371 F. 3d 1312, 1314–1315 (CA11 2004) (per curiam). Had Bates concluded that the EPA’s approval of a label did not preempt a failure-to-warn claim only because the EPA did not review the label’s statements related to efficacy, vacating and remanding a safety-based case would have been unnecessary.

20 MONSANTO v. DURNELL

JACKSON, J., dissenting

approval of a pesticide’s label is not conclusive of the label’s compliance with FIFRA and therefore cannot establish a requirement under FIFRA. Because the MDA lacks an

analogous provision, it might well be that the FDA’s approval of a medical device’s label does create labeling requirements under the MDA.9

There is another reason that the right outcome in today’s

case differs from Riegel: Riegel did not involve “parallel

claims.” 552 U. S., at 330. The litigation in Riegel proceeded on the assumption that the medical device “violated

state tort law notwithstanding compliance with the relevant federal requirements.” Ibid. So this Court had no occasion to consider whether there was an applicable federal

requirement, apart from the FDA’s premarket approval

process, that might be equivalent to the plaintiffs’ tort

claim. Here, by contrast, it is precisely because FIFRA’s

misbranding prohibition parallels Missouri’s failure-towarn claim that Durnell’s claim is not preempted.

Thus, it is Bates, not Riegel, that is dispositive here. Contra, ante, at 13. Bates confirms what FIFRA’s text makes

clear: The EPA’s approval of a label does not create a requirement under FIFRA.

IV

Having rejected Monsanto’s express preemption argument, I conclude by addressing its alternative contention

that Durnell’s failure-to-warn claim is impliedly

9 The majority tries to wave away the MDA’s lack of a provision analogous to §136a(f )(2), arguing that, in any event, the FDA could withdraw premarket approval from a medical device that it had previously approved. Ante, at 19–20, n. 9. But the statutory caveat in §136a(f )(2) is broader than the FDA’s withdrawal authority in the MDA. Specifically, §136a(f )(2) makes clear that registration does not preclude a pesticide from being misbranded—regardless of who makes the misbranding determination. By contrast, the MDA gives authority only to the FDA to withdraw premarket approval from a medical device if it determines that device is misbranded. 21 U. S. C. §360e(e)(1)(F); see §352(a).

Cite as: 609 U. S. ____ (2026) 21

JACKSON, J., dissenting

preempted. Specifically, Monsanto argues that it is impossible to comply with both the labeling requirements of Missouri law and the labeling requirements of FIFRA. See Mutual Pharmaceutical Co. v. Bartlett, 570 U. S. 472, 480

(2013).

Monsanto is wrong. It can easily comply with both federal and state law by stopping sales of Roundup. Under

FIFRA, it is unlawful to sell a misbranded pesticide.

§136j(a)(1)(E). Under Missouri failure-to-warn law, manufacturers have a duty not to sell products made unreasonably dangerous by inadequate warnings. See Racer v. Utterman, 629 S. W. 2d 387, 395 (Mo. App. 1981). Far from being

incompatible, both federal and state law require Monsanto

to stop selling its pesticide if the label lacks adequate warnings.

To be sure, our decision in Bartlett largely rejected a

“stop-selling rationale” as “incompatible with our preemption jurisprudence.” 570 U. S., at 488 (internal quotation marks omitted). But we also expressly left open the

possibility that a manufacturer could avoid state and federal liability if the state claim “parallel[ed] the federal misbranding statute” at issue in that case. Id., at 487, n. 4.

This was because the relevant misbranding statute could

require the manufacturer to pull the product from the market. Ibid. As support for this conclusion, we cited Bates,

implying that we were not deciding whether a “stop-selling

rationale” would (or would not) work to avoid implied

preemption where the federal and state standards are

equivalent and impose a duty not to sell misbranded products. This case thus falls squarely into the exception seemingly left open by Bartlett.

In any event, Monsanto’s implied preemption argument

fails on its own terms. The premise of Monsanto’s contention is that Missouri law requires it to add a cancer warning, but FIFRA prohibits Monsanto from adding such a

22 MONSANTO v. DURNELL

JACKSON, J., dissenting

warning without approval from the EPA. Monsanto says it

thus cannot do under federal law what state law requires.

But Monsanto overstates the difficulty of adding a cancer

warning to Roundup’s label. In PLIVA, Inc. v. Mensing, 564

U. S. 604 (2011), we explained how true impossibility works

in the labeling context. There, a plaintiff alleged that a generic drug manufacturer had failed to include adequate

warnings on its label. Id., at 610. Federal law, however,

required the label on a generic drug to match exactly the

label on the brand-name drug. Id., at 612–613. So, for a

generic manufacturer to add a warning, it would have to

ask the FDA to ask the brand-name manufacturer to add

the warning. Id., at 616. We explained that the state-law

claim was preempted because it was impossible for the generic manufacturer to add the required warning without

the “special permission and assistance” of the Government.

Id., at 623–624.

Here, by contrast, Monsanto does not need the EPA’s

“special permission and assistance” to add a cancer warning. Like all pesticide manufacturers, Monsanto bears primary responsibility for maintaining the warnings on its label. See Bates, 544 U. S., at 438 (“[M]anufacturers have a

continuing obligation to adhere to FIFRA’s labeling requirements”). To the extent it needs the EPA’s approval at all

(more on that below), all it must do is submit an application

for an amended registration that reflects the labeling

change, which the EPA “shall” approve as long as the

change does not violate FIFRA. §136a(f )(1); see 40 CFR

§152.44(a). This is a far cry from the contingent chain of

approvals a generic drug manufacturer was required to secure in PLIVA.

But there is no need for Monsanto to undertake this

amended-registration path here. Monsanto can add a cancer warning without the EPA’s approval. The EPA’s regulations permit pesticide manufacturers to make “minor

modifications” to their labels without getting prior approval

Cite as: 609 U. S. ____ (2026) 23

JACKSON, J., dissenting

from the agency. §152.46. Instead, the manufacturer need

only notify the EPA of the change (and in some cases, notification is not even required). Ibid.

The majority claims that adding a cancer warning would

not be a “minor” modification. Ante, at 10–11, n. 5. For

support, it relies on the regulation that requires the EPA’s

approval for “ ‘statements pertaining to the hazards of the

product.’ ” Ibid. (quoting §156.70(c)). But that regulation

does not apply to chronic conditions like cancer. See supra,

at 6, and n. 4. The prior-approval requirement for hazard

and precautionary statements says nothing about whether

cancer warnings also need prior approval from the EPA.

While a cancer warning may not seem like a minor modification, facts on the ground belie that appearance. On at

least six occasions, the EPA has permitted manufacturers

to add state-specific cancer warnings as minor modifications without the agency’s prior approval.10 Among the

manufacturers that have previously added a cancer

10 See, e.g., Letter from K. Montague, EPA, Office of Pesticide

Programs, to L. Zahigian, Lawn and Garden Products, Inc. (Sept. 14, 2017), https://www3.epa.gov/pesticides/chem_search/ppls/054705-00006-20170914.pdf (archived at https://perma.cc/9Y47-RGPK); Letter from K. Davis, EPA, Office of Pesticide Programs, to L. Radevski, Chase Products Co. (June 21, 2017), https://www3.epa.gov/pesticides/chem_search/ppls/ 000498-000156-20170621.pdf (archived at https://perma.cc/46KXU46D); Letter from M. Walsh, EPA, Office of Pesticide Programs, to E. Smith, PBI/Gordon Corporation (May 30, 2017), https://www3.epa. gov/pesticides/chem_search/ppls/033955-000394-20170530.pdf (archived at https://perma.cc/6469-9D7S); Letter from M. Walsh, EPA, Office of Pesticide Programs, to C. Zemanek, The Scotts Company LLC (Mar. 1, 2017), https://www3.epa.gov/pesticides/chem_search/ppls/000239-00739-20170301.pdf (archived at https://perma.cc/P9SH-74HV); Letter from J. Urbanski, EPA, Office of Pesticide Programs, to V. Lawless, Wellmark International (Apr. 21, 2015), https://www3.epa.gov/pesticides/ chem_search/ppls/002724-00702-20150421.pdf (archived at https:// perma.cc/GJR9-FRQ2); Letter from J. Gaines, EPA, Office of Pesticide Programs, to L. Hodges, Bayer CropScience (Dec. 17, 2012), https:// www3.epa.gov/pesticides/chem_search/ppls/000264-00343-20131217.pdf (archived at https://perma.cc/P4RU-6X2W).

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warning without prior approval is a subsidiary of Monsanto’s parent company, Bayer.

* * *

The majority reads into FIFRA a labeling requirement

that does not exist, and it reads out of FIFRA the statute’s

ongoing prohibition on misbranding. This interpretation

cannot be squared with the text of FIFRA or our precedents.

Ultimately, the effect of the majority’s interpretation is

both remarkable and regrettable, for it unjustifiably closes

the courthouse doors to state tort plaintiffs like Durnell.