context: The argument is made that a challenge to the adequacy of testing may implicate labeling concerns since additional testing might disclose the need for further warnings. The court is unwilling to read the preemption provision so broadly, particularly in light of the presumption against preemption which counsels a narrow construction of preemption provisions such as that at issue here.
citation_a.signal: cf.
citation_a.identifier: 112 S.Ct. 2622, 2622
citation_a.parenthetical: Public Health Cigarette Smoking Act of 1969 did not preempt claims that relied solely on defendants' testing or research practices or other actions unrelated to advertising or promotion
citation_a.sentence: See Worm, 5 F.3d at 747 (while claims resting on failure to warn or communicate information about product through labeling are preempted, claims for negligent testing, manufacturing and formulating are not preempted); DerGazarian v. Dow Chem. Co., 836 F.Supp. 1429, 1447 (W.D.Ark.1993) (FIFRA does not preempt plaintiffs’ claim that defendant failed to use ordinary care in formulation, inspection and testing'of product); Wright v. Dow Chem. Co., 845 F.Supp. 503 (M.D.Tenn.1993) (FIFRA does not preempt non-labeling claims for defective design and failure to properly test and study the pesticides in question); cf. Cipollone, 505 U.S. at-, 112 S.Ct. at 2622 (Public Health Cigarette Smoking Act of 1969 did not preempt claims that relied solely on defendants’ testing or research practices or other actions unrelated to advertising or promotion).
citation_b.signal: see
citation_b.parenthetical: FIFRA does not preempt non-labeling claims for defective design and failure to properly test and study the pesticides in question
citation_b.sentence: See Worm, 5 F.3d at 747 (while claims resting on failure to warn or communicate information about product through labeling are preempted, claims for negligent testing, manufacturing and formulating are not preempted); DerGazarian v. Dow Chem. Co., 836 F.Supp. 1429, 1447 (W.D.Ark.1993) (FIFRA does not preempt plaintiffs’ claim that defendant failed to use ordinary care in formulation, inspection and testing'of product); Wright v. Dow Chem. Co., 845 F.Supp. 503 (M.D.Tenn.1993) (FIFRA does not preempt non-labeling claims for defective design and failure to properly test and study the pesticides in question); cf. Cipollone, 505 U.S. at-, 112 S.Ct. at 2622 (Public Health Cigarette Smoking Act of 1969 did not preempt claims that relied solely on defendants’ testing or research practices or other actions unrelated to advertising or promotion).