The Paley Rothman Blog

Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our employees.

Regulatory Law & Litigation

FIFRA Label Preemption and the RoundUp Litigation

It is unlawful to sell a pesticide without its EPA-approved label or that is otherwise “misbranded.” FIFRA defines a “misbranded” pesticide as one bearing a label that is “false or misleading in any particular.” In Bates, the Supreme Court recognized an exception to EPA’s exclusive authority over pesticide labels. A good illustration of the impact of the Bates exception is provided by the recent litigation involving Monsanto’s popular weedkiller, RoundUp.

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