The adequacy of warnings on a container of a wood-finishing product means that a family’s state court claim should not have been ruled to be pre-empted under the Federal Hazardous Substances Act, a federal appeals court has ruled.
The 2nd U.S. Circuit Court of Appeals found that state failure-to-warn claims should not have been dismissed in the Eastern District of New York because the warning labels on the product clearly ran afoul of the act and its regulations.
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