HIGH COURT DECISION ALLOWS CONSUMERS
TO SUE PESTICIDE MANUFACTURERS
In a 7-2 decision Wednesday (April 27), the U.S.
Supreme Court ruled in favor of allowing 29 Texas peanut farmers,
whose crops failed due to the application of a pesticide, to sue
the product's manufacturer in state court.
The ruling clears the way for other consumers
to sue pesticide manufacturers in state courts for negligence.
The plaintiff, Dow AgroSciences, had claimed that
such lawsuits are pre-empted by the Federal Insecticide, Fungicide
and Rodenticide Act (FIFRA).
The Texas farmers said the pesticide's label did not contain warnings that it should not be used in soil with a pH level of 7.0 or greater. The soil in West Texas typically tests at 7.2 or greater pH.
ALSO IN THIS WEEK'S RAP-UP
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