RECENT FEDERAL DECISIONS

February 2003

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Eleventh Circuit Finds FIFRA Preempts Claim on Failure to Warn about Fire Hazards of Pool Chlorinating Product
Lowe's Home Centers, Inc. v. Olin Corporation

The Eleventh Circuit Court of Appeals has ruled that Lowe's Home Centers' claims against Olin Corporation for failure to warn about its pool product's high flammability are preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), even though Olin failed to inform Lowe's that its code-compliant sprinkler system would be inadequate to stop a fire fueled by Olin's product and the product's plastic packaging.