ELR Citation: ELR 21430
No(s). 93-4817 (5th Cir. Jul 20, 1994)

The court holds that §24(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state common-law tort claims based on failure to properly label herbicides and failure to adequately warn of dangers associated with their use. A chemical sprayer brought suit against chemical manufacturers in state court claiming that they improperly labeled the herbicide, which was registered with the U.S. Environmental Protection Agency. The court holds that based on its language and legislative history, §24(b) preempts only those state laws that impose any requirements for labeling in addition to, or different from, FIFRA's. This preemption includes both state legislation and common-law tort claims concerning labeling. The court reverses and remands the district court's denial of summary judgment.

[The district court's decision is published at 23 ELR 21608.]

Counsel for Plaintiffs
Dale Dowell
Rienstra, Dowell & Flatten
470 Orleans St., Ste. 1010, Beaumont TX 77701
(409) 833-6317

Counsel for Defendants
Terry L. Jacobson
Dawson, Sodd, Moe & Means
121 N. Main St., P.O. Box 837, Corsicana TX 75151
(903) 872-8181

Before JOHNSON, GARWOOD, and JOLLY, Circuit Judges.