ELR Citation: ELR 21062
No(s). 92-30 (E.D. Ky. Oct 19, 1992)

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state tort claims against a chemical manufacturer for failure to warn to the extent that the claims arose after the effective date of the Act's labeling provision. Since FIFRA contains an express provision governing state authority in the area of labeling and packaging, the court need not look beyond this provision in determining whether state tort claims based on the theory of failure to warn are preempted. Permitting a jury to award damages against the manufacturer for failure to warn would impose a de facto labeling requirement under state law. FIFRA does not permit this. However, permitting a damage award for failure to warn before the effective date of FIFRA's labeling provision would have no effect on the present administration of FIFRA. Therefore, FIFRA does not preempt claims that arose before the effective date of FIFRA's labeling requirements.

Counsel for Plaintiffs
Robert E. Reeves
Reeves & Graddy
First National Bldg.
167 W. Main St., Ste. 300, Lexington KY 40507
(606) 252-8539

Counsel for Defendants
Vanessa Berge
Wyatt, Tarrant & Combs
The Lexington Financial Ctr.
250 W. Main St., Lexington KY 40507
(606) 233-2012