South-Western Legal Studies in Business

Federal Label Requirement Preempts Claim of Failure to Warn
Description Appeals court held that a chemical company properly complied with product label requirements under FIFRA, a federal law regulating such products, so the producer could not be sued for failure to warn of dangers involved in the product.
Topic Torts
Key Words Failure to Warn; Federal Preemption; FIFRA
C A S E   S U M M A R Y
Facts Lowe's sued Olin, asserting that Olin failed to warn Lowe's of the dangers involved in the storage and handling of swimming pool chlorine. A pallet of the chlorine caught fire at a Lowe's and did extensive damage. Olin replied that the label on the product is the one required by EPA under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The district court dismissed the case. Lowe's appealed.
Decision

Affirmed. Lowe's claim alleging that Olin failed to warn the store of the product's propensity to burn at great intensity if improperly stored was preempted by FIFRA. The product package had warning labels approved by the EPA that satisfied the manufacturer's duty to warn.

Citation Lowe's Home Centers, Inc. v. Olin Corp., --- F.3d --- (2002 WL 31730843, 11th Cir., 2002)

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