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Richards v. Home Depot, Inc.

ELR Citation: 36 ELR 20140
Nos. No. 05-5205-cv, (2d Cir., 07/14/2006)

The court vacates and remands the dismissal of an individual's state-law claims against a retail store for selling her a wood-finishing product that emitted harmful fumes. The lower court concluded that because the product was properly labeled under the Federal Hazardous Substances Act (FHSA) and its enabling regulations, her claims were preempted by federal law. But the court misconstrued the FHSA's labeling requirements in reaching this conclusion. Contrary to what is required by federal law, the label on the front of the product did not warn against the inhalation of hazardous vapors. The product, therefore, was misbranded, and the lower court erroneously dismissed the individual's claims as preempted.