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On April 27, 2005, the U.S. Supreme Court, in a 7-to-2 decision, handed supporters of federal pre-emption a narrow victory in Bates v. Dow Agrosciences LLC, __U.S.__, 125 S.Ct. 1788, __L.Ed.2d__ (2005). In Bates, the majority’s decision endorsed the principal that state law fraud and failure-to-warn claims may be pre-empted in appropriate circumstances under the Federal Insecticide, Fungicide, and Rodent-icide Act (“FIFRA” or “Act”), 7 U.S.C. �136 et seq. The Bates majority held that where such state law claims impose requirements on an insecticide manufacturer that are “in addition to or different from” labeling or packaging requirements under FIFRA, the claims will be barred by FIFRA’s pre-emption provision, 7 U.S.C. �136v(b).

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