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Kawamata Farms Inc. v. United Agri Products12/11/1997
are to interpret the latter as surviving preemption. Second, if states are not permitted to enforce express warranties that relate to labeling, warrantors will have less freedom in which to compete in the marketplace. Third, if an individual's only legal recourse is to bring a claim under FIFRA, express warranties covering subjects outside the scope of the [FIFRA] will be futile. This court therefore holds that the Plaintiff's express warranty claims, to the extent that they are based on voluntarily assumed express warranties, are actionable.
Higgins, 862 F. Supp. at 760 (citations and footnotes omitted). The Higgins court especially noted the stark distinction between warranties that the EPA mandates and warranties that the EPA merely approves.
First, express warranties have a voluntary quality, which is missing if they are mandated by EPA. The rationale that warrantors should be held to contracts that they voluntarily enter into does not apply when their actions are forced. Second, express warranties are not enforceable through state contract law if Congress has expressly preempted the law or has completely occupied the law's field of operation, as is the case with EPA mandated labeling. Based on the foregoing justifications, we hold that EPA mandated warranties are preempted.
Id. at 761 (citations omitted). Although the defendant in Higgins did not argue that the express warranties at issue were EPA mandated, the defendant did argue that the FIFRA preempted the plaintiff's claim for breach of express warranties because "they were EPA approved." Id. However, the Higgins court held that mere EPA approval of an express warranty on the label of a pesticide or insecticide product did not necessitate preemption under the FIFRA for three reasons:
First, a warranty does not lose its voluntary quality through EPA approval. Second, the mere fact that Congress gives EPA the power to approve labels does not indicate that the legislative body necessarily intended that EPA control over express warranties designated on the labels. Third, ... cases [such as Cipollone ] suggest that when warranties are EPA approved but not EPA mandated, Congress has not attempted to occupy an entire field and has not expressly preempted the claims. Therefore, since Plaintiff's express warranty claims are not required by EPA, they do not warrant an exception to the general preemption analysis. This court finds that Plaintiff's express warranty claims survive preemption.
Id. (citations and footnote omitted).
Likewise, in the instant case, the Plaintiffs' breach of express warranty claim survived preemption. The Liability Defendants' warranty on the Benlate label stated the following:
NOTICE OF WARRANTY
Du Pont warrants that this product conforms to the chemical description on the label thereof and is reasonably fit for purposes stated on such label only when used in accordance with the directions under normal use conditions. It is impossible to eliminate all risks inherently associated with the use of this product. Crop injury , ineffectiveness or other unintended consequences may result because of such factors as weather conditions, presence of other materials, or the manner of use or application, all of which are beyond the control of Du Pont. In no case shall Du Pont be liable for consequential, special or indirect damages resulting from the use or handling of this product. All such risks shall be assumed by the Buyer. DU PONT MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE NOR ANY OTHER EXPRESS OR IMPLIED WARRANTY EXCEPT AS STATED ABOVE.
(Emphases added). The Liability Defendants have n
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