Etcheverry v. Tri-Ag Serv., Inc.

Opinion

BROWN, J.

The question presented by this case is whether state law claims for failure to warn of the risks of using a pesticide are preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. § 136 et seq.).

Unlike the Court of Appeal here, the overwhelming majority of the courts that have considered this question, including eight of the federal circuit courts of appeals, have concluded that state law failure-to-warn claims are preempted by FIFRA. (See, e.g., Grenier v. Vermont Log Bldgs., Inc. (1st Cir. 1996) 96 F.3d 559; King v. E.I. Dupont De Nemours and Co.…