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Products Liability Keyed to Fischer, 6th Ed.
Bates v. Dow Agrosciences LLC
Citation:
544 U.S. 431, 125 S.Ct. 1788, 161 L.Ed.2d 687 (2005)Facts
In 2000, the EPA conditionally registered Dow’s pesticide “Strongarm” for use in the United States. Dow marketed the product to Texas peanut farmers, whose planting season begins around May 1. The product’s label stated that “Use of Strongarm is recommended in all areas where peanuts are grown,” and Dow’s agents made similar representations to the farmers. According to the farmers, Dow knew or should have known that Strongarm would stunt peanut growth in soils with pH levels of 7.0 or greater. When the farmers applied Strongarm to their farms, which had soil pH levels of 7.2 or higher (typical for western Texas), the pesticide severely damaged their peanut crops and failed to control weeds. After receiving complaints, Dow reregistered Strongarm with the EPA prior to the 2001 growing season with a supplemental label warning: “Do not apply Strongarm to soils with a pH of 7.2 or greater.” After unsuccessful negotiations with Dow, the farmers gave notice of their intent to sue under Texas law, prompting Dow to file a declaratory judgment action claiming federal preemption.
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