Residential Pesticide Exposure Claims Survive FIFRA Preemption Provision, Pa. Judge Rules

PHILADELPHIA — A federal judge in Pennsylvania has ruled that the Federal Insecticide, Fungicide & Rodenticide Act (FIFRA) does not preempt claims asserted by a couple who alleged they suffered injuries as a result of exposure to a termite and ant repellant sprayed in their home.

In a June 24 memorandum, Judge Ronald L. Buckwalter of the U.S. District Court for the Eastern District of Pennsylvania ruled that the plaintiffs’ state law claims against the manufacturer and supplier of the pesticide do not implicate the product’s labeling and, therefore, would not impose a requirement inconsistent with FIFRA.

Plaintiffs Steven and …