Issue: Under federal law as applied in California, what principles should guide a court in determining whether an action brought against a manufacturer of some poison has not been preempted by FIFRA (Federal Insecticide Fungicide and Rodenticide Act)?
| Area of Law: | Litigation & Procedure, Personal Injury & Negligence |
| Keywords: | Preemption of claim; FIFRA; Manufacturer of some poison |
| Jurisdiction: | California, Federal |
| Cited Cases: | 54 F.3d 555; 29 Cal. App. 4th 779; 50 Cal. App. 4th 580; 57 Cal. Rptr. 2d 763; 985 F.2d 516 |
| Cited Statutes: | 21 U.S.C. § 360k; Cal. Evid. Code § 669 |
| Date: | 01/01/2001 |
In Evraets v. Intermedics Intraocular, Inc. (3d Dist. 1994) 29 Cal. App. 4th 779, 34 Cal. Rptr. 2d 852, 859, review denied (Cal. Feb. 16, 1995), the plaintiff alleged that the defendant violated the requirements of the Food, Drug and Cosmetic Act (FDCA) by failing to disclose to the Food and Drug Administration material facts regarding the product’s potential for harm. The plaintiff brought claims of fraudulent misrepresentation and negligence per se based on these allegations. Evraets, 34 Cal. Rptr. at 854.
The defendant cited the express preemption provision of the FDCA, which "prohibits states from imposing ‘any requirement . . . which is different from, or in addition to,’ federal requirements relating to the safety or effectiveness of medical devices intended for human use." Id. at 855 (quoting 21 U.S.C. § 360k). Despite the broader reach of this provision relative to FIFRA’s packaging and labeling provision, Evraets rejected the claim that this provision preempted a negligence per se claim based on reporting and other violations of the Act and regulations under it. Id. at 859.
As the Evraets court noted, in California, a violation of federal laws and regulations establishing a standard of conduct may provide the basis for a state-law claim. Id. State actions that echo or attempt to enforce federal standards are not preempted. Id. In applying a negligence per se theory, the state’s requirements are equal to the federal requirements; in fact, they simply adopt the federal standard of conduct. […]