Question

Circuits are split on whether FIFRA's express federal pre-emption bars state common law claims against a manufacture for injuries caused by a pesticide. What is the rule in the 4th

Circuit (which includes North Carolina)? a. That FIFRA bars all state common law label claims as pre-exempted by FIFRA O b. That FIFRA allows state common law claims but only when the manufacturer fails to disclose relevant safety data to the EPA when registering a pesticide O c. That FIFRA does not pre-empt state common law claims against a manufacturer for crop damage due to mislabling state law requires label compliance with FIFRA

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