Gibson v. Dow Chem. Co.

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 ...