In reaction to the August 15 decision of the Eighth Circuit Court of Appeals in a pesticide label preemption issue, CropLife America, on behalf of its membership of pesticide manufacturers and distributors, is “gravely disappointed” with the ruling.

In the case of Wuebker v. Wilbur-Ellis Co., the appeals court ruled that a farmer who ignored pesticide label instructions to wear personal protective equipment when applying the product was not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) from suing the manufacturer. CLA had filed an amicus brief in the case on behalf of the manufacturer.

Doug Nelson, CropLife America’s general counsel, said, “The Eighth Circuit’s decision takes the U. S. Supreme Court’s ruling in the Bates v. Dow AgroSciences federal preemption case unfortunately in a new direction. This decision essentially states that label instructions for a pesticide product can be ignored at the peril of the manufacturer, not the user who blatantly disregards the use instructions. Our industry lives by the mandate, ‘Follow the Label—It’s the Law’ and this decision seems oblivious to that principle.”

In its eight-page decision, the three judge panel said, “The goal of safety, moreover, may well be better served by allowing product liability suits by plaintiffs who have not followed the labels’ instructions: such suits would provide manufacturers with the proper incentive to manufacture and sell safe pesticides….”

This ruling ignores the fact that the pesticide label was developed specifically by the manufacturer and approved by the U. S. Environmental Protection Agency as guidance for the safe and effective use of the product. “Using the court’s logic,” Nelson said, “the decision begs the question: why have personal protective equipment requirements on the label? For that matter, why have any instructions on the label at all?”

Established in 1933, CropLife America represents the developers, manufacturers, formulators and distributors of plant science solutions for agriculture and pest management in the United States. CropLife America’s member companies produce, sell and distribute virtually all the crop protection and biotechnology products used by American farmers.