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OKEN v. MONSANTO CO.

No. 02-15943.

371 F.3d 1312 (2004)

Wayne Charles OKEN, Plaintiff-Appellant, v. The MONSANTO COMPANY, The Solaris Group, Scotts Company, successor in interest to Monsanto Company and the Solaris Group, Dow Agrosciences, LLC, Dow Agrosciences, as successor in interest to DowElanco, DowElanco, as successor in interest to Dow Chemical Company, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 4, 2004.

Attorney(s) appearing for the Case

Stuart Calwell, Charleston, WV, for Plaintiff-Appellant.

Wendy F. Lurnish, Carlton, Fields, Samuel A. Danon, Hunton & Williams, Miami, FL, Dean T. Barnhard, Barnes & Thornburg, LLP, Indianapolis, IN, Daniel Jay Gerber, Rumberger, Kirk & Caldwell, Orlando, FL, Shelley H. Leinicke, Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, FL, for Defendants-Appellees.

Before TJOFLAT and CARNES, Circuit Judges, and CONWAY, District Judge.

PER CURIAM:

I.

The Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136-136y ("FIFRA") establishes a comprehensive regulatory scheme for pesticides. Manufacturers of pesticides must obtain Environmental Protection Agency ("EPA") approval of their products and the warning labels accompanying them, which instruct consumers on how to use the product safely. 7 U.S.C. §§ 136a(a), 136a(c)(1)(C). FIFRA contains an express preemption...

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