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39 F.3d 887

Docket No. 94-1186.

Bice v. Leslie's Poolmart, Inc.

Eighth Circuit Court of Appeals

Submitted Sept. 13, 1994. Decided Nov. 7, 1994.

Eighth Circuit Court of Appeals · decided 1994-11-07

2 counsel of record

Key passage — most relied on by later courts

“`inadequate labeling or failure to warn.'”

quoted by 2 later decisions, including National Bank of Commerce v. Dow Chemical Co., Netland v. Hess & Clark, Inc.

Applies 7 U.S.C. § 136A

Relies on National Bank of Commerce ex rel. Estate of Wilson v. Kimberly-Clark Corp.

Good law ✅— No negative treatment on recordhow we know

Opinion by Gerald William Heaney · Decided 1994-11-07

How this case has been cited

Cited by 38 later decisions — most recently August 2010 · most notably 127 Wash. 2d 67 - Hue v. Farmboy Spray Co., Inc. (1995), Kawamata Farms, Inc. v. United Agri Products (1997)

12 federal appellate · 3 district · 15 state decisions — followed in 12 states

260199420002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Burton Newman, St. Louis, MO, argued (Michael A. Gross, on the brief), for appellant.

Peter W. Herzog III, St. Louis, MO, argued (Randy R. Mariani and Margaret C. Nikolai, on the brief), for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.

HEANEY, Senior Circuit Judge.

¶1

Sandra Bice brought an action against Leslie's Poolmart, Inc., alleging that the label on the swimming pool supplies it sold her failed to adequately warn her of their hazardous nature. The district court dismissed the action on the ground that Bice's state common law claim is preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. Secs. 136-136y. We affirm.

¶2

Power Powder is a chemical product manufactured and distributed by Leslie's Poolmart which is used for swimming pool maintenance. There is no dispute that Power Powder is a pesticide within the meaning of FIFRA and that its label was approved by the Environmental Protection Agency (EPA) in accordance with FIFRA's statutory scheme. See 7 U.S.C. Sec. 136a(c)(5)(B); 40 C.F.R. Sec. 152.112(f). This court recently stated in National Bank of Commerce v. Kimberly-Clark Corp., 38 F.3d 988, 994 n. 4 (8th Cir.1994), that in the context of FIFRA, under which the EPA is required to approve pesticide labels, "actual agency approval eliminates any possible claims under state tort law for failure to comply with federal [labeling] requirements." We therefore hold that Bice's claim for inadequate labeling or failure to warn is preempted by FIFRA.

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