Radiator Specialty Argues its Warning Labels Not Subject to State Regulations

PHILADELPHIA -- Radiator Specialty has defended its choice to remove a benzene lawsuit to federal court, arguing that the decision to remand the claims would indicate that product warning labels would be subject to individual state warning requirements instead of federal mandates. Ellett, et al. v. Radiator Specialty, et al., No. 05-2060 (E.D. Pa.).

In a Sept. 2 opposition filed in the U.S. District Court for the Eastern District of Pennsylvania, Radiator Specialty opposes the plaintiffs' motion to remand, reasserting that the claims are subject to the Federal Hazardous Substances Act.

'A contrary ruling would mean that Radiator's product warning …