Federal Court Remands Claims, Says FHSA Doesn't Preempt Benzene Lawsuit

BEAUMONT, Texas --- A federal court has remanded a benzene lawsuit, after finding that the Federal Hazardous Substances Act does not preempt claims based upon failure to warn for failure to comply with labeling requirements. Kroger v. Ashburn Industries, et al., No. 05-00839 (E.D. Texas).

The Feb. 27 order from the U.S. District Court for the Eastern District of Texas remands the benzene claims to the 128th District Court of Orange County, Texas.

Plaintiffs Larry and Kim Kroger contend that Larry Kroger's work at Paint Lines in maintenance and research and development for approximately eight years exposed him to …