May 17, 2005

New Supreme Court Decision on Preemption -- Issues and Opportunities

Arnold & Porter Advisory

On April 27, the United States Supreme Court decided Bates v. Dow Agrosciences LLC, dealing with pre-emption under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Section 136v(b) of FIFRA prohibits States from imposing "any requirements for labeling or packaging in addition to or different from those required" under the Act.

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