Larry Ebner’s Legal Backgrounder, published by the Washington Legal Foundation, debunks four myths about federal preemption of state tort claims that involve federally-regulated products.

In the wake of the Supreme Court’s 2005 opinion in Bates v. Dow Agrosciences, 544 U.S. 431, pesticide manufacturers need to develop new, sophisticated approaches when raising FIFRA preemption as a defense to inadequate labeling and failure-to-warn claims. Read more in this article.