SHERMAN v. CLAIRE MFG. CO.


239 A.D.2d 487 (1997)

657 N.Y.S.2d 453

Mary L. Sherman et al., Appellants, v. Claire Manufacturing Company, Defendant and Third-Party Plaintiff-Respondent. Newburgh Enlarged School District, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 19, 1997


Ordered that the order is affirmed, with costs.

The Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136 et seq.) expressly preempted State common-law causes of action which seek to recover damages for injuries allegedly arising as a result of inadequate warning labels on a product (see, Warner v American Flouride Corp., 204 A.D.2d 1, 3, 13). Therefore...

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