bates et al dow agrosciences llc argued january decided april petitioner texas peanut farmers allege crops severely damaged application respondent dow strongarm pesticide environmental protection agency epa registered pursuant authority federal insecticide fungicide rodenticide act fifra petitioners gave dow notice intent sue claiming strongarm label recommended use areas dow knew known stunt growth peanuts soil ph levels least response dow sought declaratory judgment federal district asserting fifra petitioners claims petitioners counterclaimed raising several claims sounding strict liability negligence fraud breach express warranty district rejected one claim grounds found others barred fifra provision affirming fifth circuit held expressly claims judgment dow induce alter product label held fifra comprehensively amended manufacturer must obtain permission market pesticide submitting proposed label supporting data epa register pesticide efficacious cause unreasonable adverse effects humans environment label complies statute misbranding prohibition pesticide misbranded label example contains statement false misleading lacks adequate instructions warnings state may regulate sale use federally registered pesticides extent regulation permit sales uses prohibited fifra uch state shall impose continue effect requirements labeling packaging addition different required fifra though tort litigation pesticide manufacturers common feature legal landscape held cipollone liggett group term requirement public health cigarette smoking act included duties therefore certain tort claims cigarette companies courts began holding claims petitioners pp fifra provision applies requirements labeling packaging fifth circuit correct requirements embraces positive enactments duties erred supposing petitioners defective design defective manufacture negligent testing breach express warranty claims premised requirements labeling packaging none rules upon claims based requires manufacturers label package products particular way fifth circuit reached contrary conclusion reasoning finding liability claims induce dow alter label error prohibitions apply requirements requirement rule law must obeyed event jury verdict merely motives optional decision requirement proper inquiry calls examination elements duty issue speculation whether jury verdict prompt manufacturer change label pp petitioners fraud claims contrast based rules qualify requirements labeling packaging since rules set standard product labeling dow alleged violated rules subject automatically follow unlike clause cipollone prohibits labeling requirements addition different fifra labeling requirements thus statutory rule impose labeling requirement diverges set fifra implementing regulations requirement equivalent fully consistent fifra labeling standards parallel requirements reading finds strong support medtronic lohr thus although fifra provide federal remedy injured result manufacturer violation fifra labeling requirements nothing precludes providing remedy dow contrary reading fails make sense phrase addition different even dow offered plausible alternative reading duty accept reading disfavoring see new york state conference blue cross blue shield plans travelers ins long history tort litigation manufacturers poisonous substances adds force presumption congress surely expressed intention clearly meant deprive injured parties long available form compensation moreover history emphasizes importance providing incentive manufacturers use utmost care distributing inherently dangerous items finally policy objections raised reading unpersuasive pp parallel requirements reading labeling requirement must equivalent federal counterpart avoid state law need however explicitly incorporate fifra standards element cause action received sufficient briefing whether texas law governing petitioners fraud claims equivalent fifra misbranding standards relevant regulations fifth circuit resolve issue first instance pp vacated remanded stevens delivered opinion rehnquist kennedy souter ginsburg breyer joined breyer filed concurring opinion thomas filed opinion concurring judgment part dissenting part scalia joined dennis bates et petitioners dow agrosciences llc writ certiorari appeals fifth circuit april justice stevens delivered opinion petitioners texas peanut farmers allege growing season crops severely damaged application respondent newly marketed pesticide named strongarm question presented whether federal insecticide fungicide rodenticide act fifra et seq ed supp ii claims damages pursuant authority fifra environmental protection agency epa conditionally registered strongarm march thereby granting respondent dow permission sell pesticide weed dow obtained registration time market strongarm texas farmers normally plant peanut crops around may according petitioners whose version facts assume true stage dow knew known strongarm stunt growth peanuts soils ph levels nevertheless strongarm label stated use strongarm recommended areas peanuts grown app dow agents made equivalent representations sales pitches petitioners petitioners applied strongarm farms whose soils ph levels higher typical western texas pesticide severely damaged peanut crops failing control growth weeds farmers reported problems dow sent experts inspect crops meanwhile dow reregistered strongarm label epa prior growing season epa approved supplemental label istribution se nly new mexico oklahoma texas three peanut farmers experienced crop damage new label contained following warning apply strongarm soils ph greater unsuccessful negotiations dow petitioners gave dow notice intent bring suit required texas deceptive trade protection hereinafter texas dtpa response dow filed declaratory judgment action federal district asserting petitioners claims expressly impliedly fifra petitioners turn brought counterclaims including tort claims sounding strict liability negligence also alleged fraud breach warranty violation texas dtpa district granted dow motion summary judgment rejecting one claim grounds dismissing remainder expressly provides shall impose continue effect requirements labeling packaging addition different required subchapter appeals affirmed read claim judgment dow induce alter product label held petitioners fraud warranty deceptive trade practices claims focused oral statements dow agents differ statements made product label success claims give dow strong incentive change label claims thus also found petitioners strict liability claim alleging defective design essentially disguised claim therefore reasoned one escape heart farmers grievance strongarm dangerous peanut crops soil ph level disclosed inescapable success claim necessarily induce dow alter strongarm label employed similar reasoning find negligent testing negligent manufacture claims well decision consistent majority courts well several state high conflicted decisions views epa set forth amicus curiae brief filed california granted certiorari resolve conflict ii prior provided primary possibly exclusive source regulatory control distribution poisonous substances federal government first effort regulation area insecticide act stat fifra originally enacted ch stat primarily dealt licensing labeling original version fifra pesticides sold interstate commerce registered secretary agriculture secretary register pesticide complied statute labeling standards determined efficacious epa assumed responsibility registration process spurred growing environmental safety concerns congress adopted extensive transformed fifra labeling law comprehensive regulatory statute ruckelshaus monsanto amended fifra regulated use well sale labeling pesticides regulated pesticides produced sold intrastate interstate commerce provided review cancellation suspension registration gave epa greater enforcement authority amendments also imposed new criterion registration environmental safety see generally grad treatise environmental law tracing fifra statutory evolution fifra currently stands manufacturer seeking register pesticide must submit proposed label epa well certain supporting data agency register pesticide determines pesticide efficacious caveat discussed cause unreasonable adverse effects humans environment bb label complies statute prohibition misbranding cfr pesticide misbranded label contains statement false misleading particular including false misleading statement concerning efficacy pesticide cfr ii pesticide also misbranded label contain adequate instructions use label omits necessary warnings cautionary statements unlawful statute sell pesticide registered nevertheless misbranded manufacturers continuing obligation adhere fifra labeling requirements see also registration prima facie evidence pesticide labeling comply statute requirements registration provide defense violation statute manufacturer may seek approval amend label additionally manufacturers duty report incidents involving pesticide toxic effects may adequately reflected label warnings cfr epa may institute cancellation proceedings take enforcement action determines registered pesticide section added amendments addresses continuing role pesticide regulation currently codified provides general state may regulate sale use federally registered pesticide device state extent regulation permit sale use prohibited subchapter uniformity state shall impose continue effect requirements labeling packaging addition different required subchapter additional uses state may provide registration additional uses federally registered pesticides formulated distribution use within state meet special local needs accord purposes subchapter registration use previously denied disapproved canceled administrator registration shall deemed registration section title purposes subchapter shall authorize distribution use within state congress amended fifra stat time response epa concern evaluation pesticide efficacy registration process diverted many resources task assessing environmental health dangers posed pesticides congress addressed problem authorizing epa waive data requirements pertaining efficacy thus permitting agency register pesticide without confirming efficacy claims made label epa invoked grant permission issued general waiver efficacy review limited qualifications applicable see fed reg cfr notice published years later epa confirmed stopped evaluating pesticide efficacy routine label approvals almost two decades ago pesticide registration notice june available app clarified epa approval pesticide label reflect determination part epa pesticide efficacious damage crops cause property damage app notice also referred earlier statement epa observed producers aware potentially subject damage suits user community products prove ineffective actual use app quoting fed reg general waiver place time strongarm registration thus epa never passed accuracy statement strongarm original label recommending product use areas peanuts grown although modern version fifra enacted three decades ago never addressed whether statute tort claims arising state law courts entertained tort litigation pesticide manufacturers since well passage fifra litigation common feature legal landscape time indeed least decade amendments arguments tort suits either advanced unsuccessful see ferebee chevron chemical cadc held cipollone liggett group term requirement prohibition public health cigarette smoking act included duties therefore certain tort claims cigarette companies groundswell federal state decisions emerged holding claims like advanced litigation addressed fifra different context wisconsin public intervenor mortier considered claim small town ordinance requiring special permit aerial application pesticides although ordinance imposed restrictions required fifra epa regulation unanimously rejected claim opinion noted fifra sufficiently comprehensive statute justify inference congress occupied field exclusion contrary statute leaves ample room localities supplement federal efforts even absent express regulatory authorization part supplementary role ample authority review pesticide labels ensure comply federal state labeling nothing text fifra prevent state making violation federal labeling packaging requirement state offense thereby imposing sanctions pesticide manufacturers violate federal law imposition state sanctions violating state rules merely duplicate federal requirements equally consistent text iii background consider whether petitioners reads follows state shall impose continue effect requirements labeling packaging addition different required subchapter introductory words state appear limit coverage subsection described preceding subsection texas state regulates sale use federally registered pesticides permit sales uses prohibited fifra therefore beyond dispute subsection applicable case prohibitions apply requirements occurrence merely motivates optional decision qualify requirement appeals therefore quite wrong assumed event jury verdict might induce pesticide manufacturer change label viewed requirement appeals however correctly hold term requirements reaches beyond positive enactments statutes regulations embrace duties decision cipollone supports conclusion see plurality opinion phrase requirement prohibition sweeps broadly suggests distinction positive enactments common law contrary words easily encompass obligations take form rules see also scalia concurring judgment part dissenting part use requirements clause may invariably carry meaning think best reading may rules well statutes regulations says nothing scope particular state rule must satisfy two conditions first must requirement labeling packaging rules governing design product example second must impose labeling packaging requirement addition different required subchapter state regulation requiring word poison appear red letters instance epa regulation imposed requirement perfectly clear many rules upon petitioners rely satisfy first condition rules require manufacturers design reasonably safe products use due care conducting appropriate testing products market products free manufacturing defects honor express warranties contractual commitments plainly qualify requirements labeling packaging none rules requires manufacturers label package products particular way thus petitioners claims defective design defective manufacture negligent testing breach express warranty sure dow express warranty located strongarm cause action express warranty asks manufacturer make good contractual commitment voluntarily undertook placing warranty rule require manufacturer make express warranty event manufacturer elects say anything particular warranty rule impose requirement labeling packaging see plurality opinion arriving different conclusion reasoned finding liability claims induce dow alter label test finds support text speaks requirements requirement rule law must obeyed event jury verdict merely motivates optional decision requirement proper inquiry calls examination elements duty issue see cipollone call speculation whether jury verdict prompt manufacturer take particular action question event depend variety calculations best left manufacturer accountants inducement test unquestionably overbroad impeach many genuine design defect claims dow concedes design defect claim successful surely induce manufacturer alter label reflect change list ingredients change instructions use necessitated improvement product design moreover inducement test entirely consistent confirms state broad authority regulate sale use state agency may ban sale pesticide finds instance one pesticide uses unsafe ban might well induce manufacturer change label warn questioned use inducement test however restriction anomalously qualify labeling requirement highly unlikely congress endeavored draw line type indirect pressure caused state power impose sales use restrictions even attenuated pressure exerted suits inducement test supported either text structure statute unlike claims petitioners fraud claims premised rules qualify requirements labeling packaging rules set standard product labeling strongarm label alleged violated containing false statements inadequate warnings courts appeal rightly found guidance cipollone interpretation requirements courts quickly concluded claims fifra cipollone without paying attention rather obvious textual differences two unlike clause issue prohibits labeling packaging requirements addition different labeling packaging requirements fifra thus labeling requirement equivalent fully consistent fifra misbranding provisions petitioners argue claims based fraud duties equivalent fifra requirements pesticide label contain false misleading statements inadequate instructions warnings agree petitioners insofar hold state law need explicitly incorporate fifra standards element cause action order survive discuss however leave appeals decide first instance whether particular duties equivalent fifra misbranding standards parallel requirements reading adopt today finds strong support medtronic lohr addressing similarly worded provision statute regulating medical devices found othing denies florida right provide traditional damages remedy violations duties duties parallel federal requirements justice explained separate opinion state cause action seeks enforce federal requirement impose requirement addition requirements federal law sure threat damages remedy give manufacturers additional cause comply requirements imposed state federal law differ section preclude imposing different additional remedies different additional requirements opinion concurring part dissenting part accordingly although fifra provide federal remedy farmers others injured result manufacturer violation fifra labeling requirements nothing precludes providing remedy dow joined amicus curiae argues parallel requirements reading give juries authority give content fifra misbranding prohibition establishing requirements different one defined fifra intended congress interpreted authoritatively epa brief respondent see also brief amicus curiae view however clear text authority medtronic easily avoided conspicuously absent submissions dow plausible alternative interpretation addition different give phrase meaning instead appear favor reading words statute leave following state shall impose continue effect requirements labeling packaging amputated version doubt clearly succinctly commanded state requirements concerning labeling congress added remainder provision evidence intent draw distinction state labeling requirements even dow offered us plausible alternative reading indeed even alternative plausible reading text nevertheless duty accept reading disfavors ecause independent sovereigns federal system long presumed congress cavalierly causes action medtronic quoting rice santa fe elevator see also medtronic reading one makes sense phrase one favored canons interpretation notion fifra contains nonambiguous command types tort claims parallel fifra misbranding requirements particularly dubious given five years ago advocated interpretation adopt long history tort litigation manufacturers poisonous substances adds force basic presumption congress intended deprive injured parties long available form compensation surely expressed intent clearly see silkwood moreover history emphasizes importance providing incentive manufacturers use utmost care business distributing inherently dangerous items see mortier stating amendments goal strengthen existing labeling requirements ensure requirements followed practice particularly given congress amended fifra allow epa waive efficacy review newly registered pesticides course amendments made technical changes seems unlikely congress considered relatively obscure provision like give pesticide manufacturers virtual immunity certain forms tort liability overenforcement fifra misbranding prohibition creates risk imposing unnecessary financial burdens manufacturers creates financial risks consumers risks affect safety environment well finally find policy objections raised reading unpersuasive dow greatly overstate degree uniformity centralization characterizes fifra fact statute authorizes relatively decentralized scheme preserves broad role state regulation see significantly may ban restrict uses pesticides epa approved may also register subject certain restrictions pesticides uses beyond approved epa see also authorizing epa grant primary enforcement responsibility use violations literal reading fully consistent concurrent authority federal state governments sphere private remedies enforce federal misbranding requirements seem aid rather hinder functioning fifra unlike cigarette labeling law issue cipollone prescribed certain immutable warning statements fifra contemplates pesticide labels evolve time manufacturers gain information products performance diverse settings one explained tort suits serve catalyst process encouraging plaintiffs bring suit injuries previously recognized traceable pesticides pesticide issue state tort action kind review may aid exposure new dangers associated pesticides successful actions sort may lead manufacturers petition epa allow detailed labelling products alternatively epa may decide revised labels required light new information brought attention common law suits addition specter damage actions may provide manufacturers added dynamic incentives continue keep abreast possible injuries stemming use product forestall actions product improvement ferebee dow exaggerate disruptive effects using suits enforce prohibition misbranding fifra prohibited inaccurate representations inadequate warnings since enactment tort suits alleging claims common well date continued beyond amendments pointed evidence tort suits led fifra standards otherwise created real hardship manufacturers epa indeed much period epa appears welcomed tort suits true properly instructed juries might occasion reach contrary conclusions similar issue misbranding reason think occurrences frequent result difficulties beyond regularly experienced manufacturers products everyday bear risk conflicting jury verdicts moreover bears noting lay juries sense anathema fifra scheme criminal prosecutions violation fifra provisions see juries necessarily pass allegations misbranding sum interpretation retains narrow still important role main competing state labeling standards imagine different labeling regimes prescribing color font size wording warnings create significant inefficiencies provision also statutory rule impose labeling requirement diverges set fifra implementing regulations however state rules fully consistent federal requirements settled interpretation still remains decided whether provision petitioners fraud claims received sufficient briefing involves questions texas law remand appeals emphasize labeling requirement must fact equivalent requirement fifra order survive example appeals determine element falsity texas definition fraud imposed broader obligation fifra requirement labels contain false misleading statements cause action extent difference requirements must also measured relevant epa regulations give content fifra misbranding standards example claim alleging given pesticide label stated danger instead subdued caution inconsistent cfr specifically assigns warnings particular classes pesticides based undertaking analysis pleadings stage case bear mind concept equivalence survive requirement need phrased identical language corresponding fifra requirement indeed surprising requirement used phraseology fifra case proceeds trial jury instructions must ensure nominally equivalent labeling requirements genuinely equivalent defendant requests instruct jury relevant fifra misbranding standards well regulations add content standards manufacturer held liable state labeling requirement subject unless manufacturer also liable misbranding defined fifra judgment appeals vacated case remanded proceedings consistent opinion ordered dennis bates et petitioners dow agrosciences llc writ certiorari appeals fifth circuit april justice breyer concurring write separately stress practical importance statement requirements must measured relevant environmental protection agency regulations give content federal insecticide fungicide rodenticide act misbranding standards ante medtronic lohr pointed administrative agency food drug administration legal authority within ordinary administrative constraints promulgate agency rules determine effect rules light agency special understanding whether extent state requirements may interfere federal objectives opinion concurring part concurring judgment epa enjoys similar authority see suggested medtronic federal agency charged administering statute often better able courts determine extent state liability rules mirror distort federal requirements thus epa may prove better able courts determine whether general state tort liability rules simply help expose dangers associated pesticides ante quoting ferebee chevron chemical cadc instead bring counterproductive requirements ante quoting brief respondent within appropriate legal administrative constraints act accordingly cf hillsborough county automated medical laboratories agencies monitor dynamic federal local requirements promulgate regulations local legislation interferes federal goals emphasizing importance agency role overseeing fifra future implementation join opinion dennis bates et petitioners dow agrosciences llc writ certiorari appeals fifth circuit april justice thomas justice scalia joins concurring judgment part dissenting part agree term requirements federal insecticide fungicide rodenticide act fifra includes duties labeling packaging ante also agree damages claims may impose requirements addition different fifra ante free impose liability predicated violation federal standards set forth fifra accompanying regulations promulgated environmental protection agency may impose liability labeling requirements predicated distinct state standards care section permits add remedies alter augment substantive rules governing liability labeling see medtronic lohr concurring part dissenting part parties argued dow violated fifra labeling standards majority properly remands district consider whether texas law mirrors federal standards however majority omits step reasoning made explicit cause action even specific labeling nevertheless imposes labeling requirement addition different fifra attaches liability statements label produce liability fifra cause action adds supplemental requirement truthfulness fifra requirement labeling statements false misleading fraud claims properly remanded determine whether state federal standards statements application case see ante reasoning majority mistreats two sets petitioners claims first petitioners claims remanded analysis contrary majority disposition see ante extent texas law warranty imposes liability statements label fifra texas law see cipollone liggett group scalia concurring judgment part dissenting part second majority holds petitioners claim texas deceptive trade protection act dtpa extent claim ante however dtpa claim also fact perhaps exclusively claim false misleading representations label app therefore aspects dtpa claim remanded dtpa claim like petitioners fraud claims insofar imposes liability label content fifra also note despite majority reference claim ante petitioners advanced actual claim instead appeals treated petitioners claims negligent testing defective design manufacture disguised claim failure warn petitioners offer evidence remand dow erred testing design manufacture strongarm claims fail merits point take majority agree ante need go resolve case ordinary meaning terms makes plain petitioners causes action may yet majority advances several arguments designed tip scales favor federal government arguments addition unnecessary unpersuasive instance majority presumption requires choosing interpretation disfavors ante presumption apply however congress included within statute express provision see cipollone liggett group supra scalia concurring judgment part dissenting part nelson preemption rev section explicit statement fifra claims thus task determine claims without slanting inquiry favor either federal government history tort litigation manufacturers also irrelevant ante know without looking text whether fifra preserved tradition displaced majority notes congress must intended preserve suits legislative history indicate congress meant abrogate suits ante see also small ante thomas dissenting criticizing novel practice relying silence legislative history koons buick pontiac gmc nigh slip scalia dissenting enacting provision enough either congress must speak added specificity statute avoid presumption individual members congress congressional committees must display preference legislative record avoid new canon congressional silence believe test agrees stands abrogate many causes action remand example petitioners may unable pursue traditional suit texas law fraud finally allowing additional remedies likely aids enforcing fifra misbranding requirements ante congress strike balance state tort suits federal regulation need determine ordinary meaning majority rightly declines address respondent argument petitioners claims subject types brief respondent instance majority ask whether fifra regulatory scheme pervasive federal interest labeling dominant room provide additional remedies rice santa fe elevator majority ask whether enforcement labeling claims stan obstacle accomplishment execution full purposes objectives congress enacting fifra hines davidowitz today decision thus comports increasing reluctance expand federal statutes beyond terms doctrines implied see camps town harrison thomas dissenting reluctance reflects analysis freewheeling judicial inquiry whether state statute tension federal objectives gade national solid wastes management kennedy concurring part concurring judgment inquiry whether ordinary meanings state federal law conflict footnotes strongarm commonly called herbicide classified pesticide purposes fifra see term ph stands pondus hydrogenii potential hydrogen refers acidity soil tex bus com code ann et seq west see grenier vermont log buildings kuiper american cyanamid netland hess clark see etcheverry service cal see ferebee chevron chemical cadc american cyanamid geye tex see brief amicus curiae etcheverry cal sup hereinafter brief amicus curiae etcheverry solicitor general since adopted contrary position see brief amicus curiae secretary declined registration manufacturer refused make changes secretary required register pesticide protest however congress eliminated procedure required disappointed manufacturers challenge denial registration administrative review stat federal environmental pesticide control act stat pesticide label must also conspicuously display statement information specifically required statute implementing regulations mention examples label must contain name address producer product registration number ingredient statement cfr ii iv vi epa may issue stop sale use removal orders may seize offending products manufacturers may subjected civil criminal penalties violating fifra requirements see mossrud lee west disinfecting plummer app mccrossin noyes cutler white national bank commerce cal app see hursh annotation liability manufacturer seller injury caused animal feed medicines crop sprays fertilizers insecticides rodenticides similar products duty due reasonable care binds manufacturers sellers products kind duty care includes duty warn dangers duty part manufacturer subject product reasonable tests duty part seller subject product reasonable inspection footnotes omitted collecting cases epa website explains federal law requires selling distributing pesticide person company must obtain registration license epa conduct review pesticide label ensure complies federal labeling requirements additional state restrictions use epa pesticides regulating pesticides evaluating potential new pesticides uses http internet materials visited apr available clerk case file see also grad treatise environmental law state labeling requirements pesticides generally parallel fifra reviewing pesticide statutes briefing record leave confusion precise claims issue light posture case find appropriate address following claims breach express warranty fraud violation texas dtpa strict liability including defective design defective manufacture negligent testing also address negligent failure warn since appeals read petitioners allegations support claim petitioners press claim leave determine whether may proceed claim remand course express view whether claims viable matter texas law given early stage litigation opine whether petitioners adduce sufficient evidence support claims survive summary judgment label stated dow agrosciences warrants product conforms chemical description label reasonably fit purposes stated label used strict accordance directions subject inherent risks set forth app extent petitioners warranty fraud claims based oral representations made dow agents fall outside text independent reason fifra defines labeling labels written printed graphic matter accompany pesticide requirement applied sales agent oral representations requirement labeling packaging appeals held petitioners claim texas dtpa insofar act provides remedy breach express warranty citing texas law petitioners warranty claim claim act extent courts appeal taken similar approach see netland thus task determine whether netland claims essentially challenge bovinol label overall design pesticide guide analysis must ask whether seeking avoid liability error manufacturer choose alter label product wisconsin public intervenor mortier noted merely declaratory authority retained fifra provision serve hand back powers statute impliedly usurped see taylor ag industries notable difference language cigarette act language fifra shaw dow brands even dedicated distinguish statements requirement prohibition based smoking health shall imposed state law respect advertising promotion cigarettes packages labeled conformity provisions act cipollone added even may necessary matter florida law prove violations result negligent conduct created unreasonable hazard users product additional elements cause action make state requirements narrower broader federal requirement narrower requirement might federal rules literal sense difference surely provide strange reason finding state rule insofar duplicates federal rule brief amicus curiae etcheverry see also brief amicus curiae explaining subsequent change view answer even claims dow reading tort claims remain intact given inherently dangerous nature pesticides safety gains achieved modifying pesticide design improving warnings instructions contained label see brief american chemistry council amicus curiae legislative history amendments suggests congress conflicting state labeling regulations mind crafting one industry representative testified might want word might want red lettering others orange another yellow forth ask committee therefore recognize congress number similar regulatory statutes industry need uniformity providing act hearings federal pesticide control act house committee agriculture statement robert ackerly contrast lengthy legislative history barren indication congress meant abrogate duties long owed pesticide manufacturers dow seem argue terms texas fraud causes action equivalent fifra misbranding standards dow identified epa regulations refine general standards way relevant petitioners allegations rather dow chosen mount broader attack parallel requirements interpretation thus seeming argue even cause action expressly incorporates fifra misbranding provisions see brief respondent since dow benefit construction dow allowed address matters remand present appear relatively regulations refine elaborate upon fifra broadly phrased misbranding standards extent epa promulgates regulations future necessarily affect scope footnotes petitioners counterclaim expressly disclaims dow violated provision fifra app first amended counterclaim