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Case Detail


Bates v. Dow AgroSciences LLC
The U.S. Supreme Court ruled on April 27, 2005, that buyers of pesticides and herbicides can bring state law tort claims against the product manufacturer even where the product and the product label comply with all federal regulatory requirements. The decision was a loss for WLF, which had filed a brief asking the Court to find that federal law preempts such lawsuits. The lawsuit, brought under Texas law, is based on allegations that the herbicide Strongarm caused crop damage because its label failed to warn against use on high-pH soil. In reaching its decision, while finding some state law claims not preempted by FIFRA, the High Court reaffirmed the principle that FIFRA preempts any state law, regulation, or tort action that would impose a labeling requirement different from those of federal law.
Case Status:
Loss.
More Information and Downloads:
11/24/2004: Download the Brief
Press Release: Supreme Court Urged To Uphold Federal Preemption Claim
Litigation Update: Supreme Court Narrows Scope Of Federal Preemption Under FIFRA
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