Charles H. Kuiper, Sr., Mae E. Kuiper, and Charles A. Kuiper, Jr., D/B/A Charles H. Kuiper & Son Farms v. American Cyanamid Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a products liability action based on off-label misrepresentations, which essentially repeated the information/restrictions found on a herbicide’s label, was preempted under FIFRA
• following decisions by Fourth, Ninth, and Eleventh Circuits that FIFRA preempts state law tort claims based on representation in advertising “when the challenged advertising merely reiterates the label”
• rejecting plaintiff's false representation claim because it necessarily challenged the EPA-approved label
• rejecting plaintiffs false-representation claim because it necessarily challenged the EPA-approved label
• “In short, FIFRA does not allow states to second-guess EPA’s labeling decisions under the guise of enforcing the requirements of FIFRA itself.”
• off-label statements which merely reiterate information found on the label itself are preempted

Source: CourtListener parenthetical corpus (CC0).