ELR Citation: ELR 20898
No(s). 89-3752 (11th Cir. Feb 28, 1991)

The court holds that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) impliedly preempts state common-law tort claims against a pesticide manufacturer for inadequate labeling. A humane society worker brought a suit against a presticide manufacturer seeking damages for injuries sustained while applying pesticides to dogs for flea and tick prevention. The court first passes over the question of express preemption, noting that FIFRA's words and legislative history are possible sources of express preemptive intent. The court then holds that FIFRA impliedly preempts state common-law tort suits against manufacturers of pesticides registered by the U.S. Environmental Protection Agency (EPA) to the extent that the actions are based on claims of inadequate labeling. The court holds that the federal government has occupied the entire field of pesticides labeling regulation, leaving no room for the states to supplement federal law, even by means of state common-law tort actions. The EPA has regulated almost every aspect of pesticide labeling, and EPA approves a specific label for each pesticide based on these comprehensive regulations. The court also holds that jury awards of damages in state common-law tort actions would produce a direct conflict with federal law. A jury determination on a state common-law tort claim that a pesticide's labeling is inadequate directly conflicts with EPA's determination that the labeling is adequate to protect against health risks. It also directly conflicts with Congress' objective of achieving uniformity in pesticide labeling because a pesticide manufacturer would be required to change the label or risk additional suits for damages. The court observes that to allow state common-law tort actions based on labeling claims would permit state court juries to do what state legislatures and state administrative agencies are forbidden to do: impose requirements for labeling pesticides.

Counsel for Appellants
Lee S. Haramis
Baumer, Bradford, Walters & Liles
Florida National Bank Tower, 225 Water St., Ste. 2000, Jacksonville FL 32201
(904) 358-2222

Counsel for Defendants
Lawrence S. Ebner
McKenna & Cuneo
1575 Eye St. NW, Washington DC 20005
(202) 789-7500

Before ANDERSON and EDMONDSON, Circuit Judges, and MORGAN, Senior Circuit Judge.