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BABALOLA v. CRYSTAL CHEMICALS, INC.

258 A.D.2d 367 (1999)

685 N.Y.S.2d 679

OLAYINKA BABALOLA et al., Respondents, v. CRYSTAL CHEMICALS, INC., et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

Decided February 23, 1999.

The product label in question was duly reviewed by the Environmental Protection Agency (EPA) and found to be in compliance in all regards with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act ([FIFRA] 7 USC § 136 et seq.), including those involved in the supplemental distribution process. Accordingly, in the absence of any extralabel evidence that defendant Crystal sought to mislead the public by holding itself out as the manufacturer...

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