WKRN: “A bill that would give pesticide companies more legal protections regarding civil lawsuits over labeling is moving through the [TN] legislature despite Republicans and Democrats having different interpretations of the proposal.
If the proposed legislation is passed, pesticide manufacturers and sellers would not be held liable for civil action related to the labeling of the pesticide — including failure to warn suits — as long as the product had a label approved by the Environmental Protection Agency under federal law when it was sold.
…“That language blocks any claim under number one: failure to warn, number two: negligence [and] number three: defective design because all those theories of recovery hinge on what the label contains,” Danny Ellis, president of the Tennessee Trial Lawyers Association said.
However, others argue that because the EPA reviews and approves the information contained on the labels of pesticide products, companies shouldn’t be held liable for failure to warn if the product has an EPA-approved label.”