Charles H. Kuiper, Sr., Mae E. Kuiper, and Charles A. Kuiper, Jr., D/B/A Charles H. Kuiper & Son Farms v. American Cyanamid Company

FLAUM, Circuit Judge.

This appeal requires us to decide whether the- Federal Insecticide, Fungicide, and Ro-denticide Act (FIFRA), 7 U.S.C. §§ 136-136y, preempts state law claims alleging that a pesticide manufacturer was negligent and made false representations in marketing and promoting its product. The district court entered summary judgment for the defendant manufacturer, holding that FIFRA preempted the plaintiffs’ claims and, in the alternative, that the state statute of limitations barred plaintiffs’ statutory claim. We affirm.

I. Background

In the mid-1980s, American Cyanamid Corporation…