Donald Welchert, Rick Welchert, Jerry Welchert, Deborah Welchert v. Am. Cyanamid, Inc., 59 F.3d 69 (8th Cir. 1995). · Go Syfert
Donald Welchert, Rick Welchert, Jerry Welchert, Deborah Welchert v. Am. Cyanamid, Inc., 59 F.3d 69 (8th Cir. 1995). Cases Citing This Book View Copy Cite
110 citation events (38 in the last 25 years) across 32 distinct courts.
Strongest positive: Johnson v. Monsanto Co. (orctapp, 2024-07-10)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
cited Cited as authority (rule) Johnson v. Monsanto Co.
Or. Ct. App. · 2024 · confidence medium
Cyanamid, Inc., 59 F3d 69, 71 (8th Cir 1995).
cited Cited as authority (rule) Johnson v. Monsanto Co.
Or. Ct. App. · 2024 · confidence medium
Cyanamid, Inc., 59 F3d 69, 71 (8th Cir 1995).
cited Cited as authority (rule) Wilson v. Greg Williams Farm, Inc.
Ark. Ct. App. · 2014 · confidence medium
Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995).
cited Cited as authority (rule) Dj Coleman, Inc. v. Nufarm Americas, Inc.
D.N.D. · 2010 · confidence medium
Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995) (quoting Worm v. Am.
cited Cited as authority (rule) Wuebker v. Wilbur-Ellis Co.
S.D. Iowa · 2004 · confidence medium
Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995)).
discussed Cited as authority (rule) Garcia v. Wyeth-Ayerst Laboratories
E.D. Mich. · 2003 · confidence medium
The plaintiff also cites Lewis v. Brunswick Corp., 107 F.3d 1494, 1505 (11th Cir.1997), abrogated by Sprietsma v. Mercury Marine, 537 U.S. 51 , 123 S.Ct. 518, 522, 530 , 154 L.Ed.2d 466 (2002), holding that a claim of fraud on the United *831 States Coast Guard was barred by reason of implied conflict preemption, and Welchert v. American Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir.1995), holding that claims attacking the underpinnings of federal agency action concerning a herbicide were subject to preemption.
examined Cited as authority (rule) Dahlman Farms, Inc. v. FMC Corp. (3×) also: Cited "see"
D. Minnesota · 2002 · confidence medium
Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995).
discussed Cited as authority (rule) Eyl v. Ciba-Geigy Corp.
Neb. · 2002 · confidence medium
Ackles, supra; § 136a(c). “ ‘The objectives and purposes of FIFRA include the strengthening of federal standards, increasing EPA authority for their enforcement, and providing a comprehensive and uniform regulation of the labeling, sale, and use of pesticides.’ ” Welchert v. American Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir. 1995).
discussed Cited as authority (rule) Kim Netland v. Hess & Clark, Inc.
8th Cir. · 2002 · confidence medium
Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir.1995)). *899 Netland concedes that our decision in National Bank preempts his state law claims based on labeling or packaging requirements in addition to or different from those required under FIFRA.
cited Cited as authority (rule) Kim Netland v. Hess & Clark
8th Cir. · 2002 · confidence medium
Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir. 1995)).
discussed Cited as authority (rule) Behrens v. United Vaccines, Inc.
D. Minnesota · 2002 · confidence medium
We wish to make plain that, unlike the circumstances considered by our Court of Appeals in Welchert v. American Cyanamid, Inc., 59 F.3d 69, 72 (8th Cir.1995), where the Court was considering the preemptive breadth of FIFRA, we are not confronted, here, with representations which mirror those contained in the Defendant’s labeling and packaging.
examined Cited as authority (rule) Netland v. Hess & Clark, Inc. (3×) also: Cited "see"
D. Minnesota · 2001 · confidence medium
Ruckelshaus v. Monsanto Co., 467 U.S. 986, 991-92 , 104 S.Ct. 2862 , 81 L.Ed.2d 815 (1984); Welchert v. American Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995).
discussed Cited as authority (rule) Etcheverry v. Tri-Ag Serv., Inc. (2×)
Cal. · 2000 · confidence medium
(See Andrus v. AgrEvo USA Co. (1999) 178 F.3d 395, 399 [implied warranty]; Kuiper v. American Cyanamid Co., supra, 131 F.3d 656, 666 [negligent off-label misrepresentations]; Grenier v. Vermont Log Bldgs., Inc., supra, 96 F.3d at pp. 563-565 [negligence, express and implied warranty, and negligent design and manufacture]; Welchert v. American Cyanamid, Inc. (8th Cir.1995) 59 F.3d 69, 72-73 [express warranty]; Taylor AG Industries v. Pure-Gro, supra, 54 F.3d at p. 562 [negligent testing]; Papas v. Upjohn Co., supra, 985 F.2d at p. 518 [negligence, strict liability, and implied warranty].) On th…
discussed Cited as authority (rule) Wright v. American Cyanamid Co.
Iowa · 1999 · confidence medium
This information is specifically required by federal law and approved by the EPA. 5 Plaintiffs breach of express and implied warranty claims are therefore preempted under our Iowa cases, Ackerman, 586 N.W.2d at 213-14 (claim for breach of implied warranty of merchantability preempted by FIFRA); Clubine, 534 N.W.2d at 387 (claims for breach of implied warranty of merchantability and breach of express warranty are preempted by FIFRA), and under those cases following the general rule that “a ‘state law claim for breach of an express warranty is preempted by FIFRA’ when the ‘express warran…
discussed Cited as authority (rule) Hawkins v. Leslie Pool Mart Inc (2×) also: Cited "see"
3rd Cir. · 1999 · confidence medium
We agree that the General Requirements are just that--general. 3 The _________________________________________________________________ FIFRA preemption in light of Medtronic." Lewis, 715 A.2d at 973 (citing Kuiper v. American Cyanamid Co., 131 F.3d 656, 662 (7th Cir. 1997), and Grenier v. Vermont Log Bldgs., Inc., 96 F.3d 559, 563-64 (1st Cir. 1996)); see, e.g., Taylor AG Indus., 54 F.3d at 561; Welchert v. American Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir. 1995); Lowe v. Sporicidin Int'l, 47 F.3d 124, 129 (4th Cir. 1995); MacDonald v. Monsanto Co., 27 F.3d 1021, 1025 (5th Cir. 1994); Papas v. …
examined Cited as authority (rule) Dawn-Marie Hawkins James E. Hawkins v. Leslie's Pool Mart, Inc (4×) also: Cited "see"
3rd Cir. · 1999 · confidence medium
This conclusion "comports with the decisions of an overwhelming majority of federal and slate courts that have interpreted the extent of FIFRA preemption in light of Medtronic." Lewis, 715 A.2d at 973 (citing Kuiper v. American Cyanamid Co., 131 F.3d 656, 662 (7th Cir.1997), and Grenier v. Vermont Log Bldgs., Inc., 96 F.3d 559, 563-64 (1st Cir.1996)); see, e.g., Taylor AG Indus., 54 F.3d at 561; Welchert v. American Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir.1995); Lowe v. Sporicidin Int'l, 47 F.3d 124, 129 (4th Cir.1995); Mac Donald v. Monsanto Co., 27 F.3d 1021, 1025 (5th Cir.1994); Papas v. Up…
discussed Cited as authority (rule) Andrus v. Agrevo USA Company
5th Cir. · 1999 · confidence medium
The court ultimately affirmed the district court’s grant of summary judgment in favor of the herbicide manufacturer, noting that “[t]o the extent that the Worms’ claims challenge, by whatever state cause of action, the adequacy of information provided by American Cyan-amid on its labeling, the claims are preempted by FIFRA.” Id. at 749 ; see also Grenier v. Vermont Log Bldgs., Inc., 96 F.3d 559, 564 (1st Cir.1996) (holding express warranty claim preempted because “[t]o premise liability on the inaccuracy of the statement [on the label] is in substance to determine that a different st…
discussed Cited as authority (rule) Lescs v. Dow Chemical
4th Cir. · 1999 · confidence medium
See, e.g., Kuiper v. American Cyanamid Co., 131 F.3d 656, 662 (7th Cir. 1997), cert. denied, 118 S. Ct. 1839 (1998); Grenier v. Vermont Log Bldgs., Inc., 96 F.3d 559, 563 (1st Cir. 1996); Taylor AG Indus. v. Pure- Gro, 54 F.3d 555 , 561 (9th Cir. 1995); Welchert v. American Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir. 1995); MacDonald v. Monsanto Co., 27 F.3d 1021, 1024-25 (5th Cir. 1994); Papas v. Upjohn Co., 985 F.2d 516, 518 (11th Cir. 1993); Arkansas-Platte & Gulf Partnership v. Van Waters & Rogers, Inc., 981 F.2d 1177, 1179 (10th Cir. 1993). 7 occur[s] only where a particular state requiremen…
discussed Cited as authority (rule) National Bank of Commerce v. Dow Chemical Co. (2×) also: Cited "see"
8th Cir. · 1999 · confidence medium
“FIFRA creates a comprehensive scheme for the regulation of pesticide labeling and packaging.” Welchert v. American Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995).
examined Cited as authority (rule) Ackerman v. American Cyanamid Co. (6×) also: Cited "see", Cited "see, e.g."
Iowa · 1998 · confidence medium
Welchert v. American Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir. 1995).
examined Cited as authority (rule) Kawamata Farms, Inc. v. United Agri Products (6×) also: Cited "see, e.g."
Haw. · 1997 · confidence medium
As a general rule, a “state law claim for breach of an express warranty is preempted by FIFRA” when the “express warranty claim ar[i]se[s] solely on the basis of a labeling statement specifically required by federal law and approved by the EPA.” Welchert v. American Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir.1995) (emphases added); Worm, 5 F.3d at 749 .
discussed Cited as authority (rule) Charles H. Kuiper, Sr., Mae E. Kuiper, and Charles A. Kuiper, Jr., D/B/A Charles H. Kuiper & Son Farms v. American Cyanamid Company (2×) also: Cited "see"
7th Cir. · 1997 · confidence medium
Grenier v. Vermont Log Buildings, Inc., 96 F.3d 559, 563-65 (1st Cir.1996) (failure to warn claim; affirmative misstatement/breach of express warranty claim; misdesign or manufacture claim based solely on failure to warn); Welchert v. American Cyanamid Inc., 59 F.3d 69, 71-73 (8th Cir.1995) (express warranty claim); Taylor AG Indus. v. Pure-Gro, 54 F.3d 555 , 560 (9th Cir.1995) (failure to warn claim; negligent testing claim where only evidence produced is allegedly inadequate product labels); Bice v. Leslie’s Poolmart, 39 F.3d 887, 888 (8th Cir.1994) (failure to warn); MacDonald v. Monsanto…
discussed Cited as authority (rule) Lyall v. Leslie's Poolmart
E.D. Mich. · 1997 · confidence medium
Welchert v. American Cyanamid Inc., 59 F.3d 69, 73 (8th Cir.1995) (express warranty claim based on allegedly defective labeling preempted by FIFRA); Lowe v. Sporicidin Int’l, 47 F.3d 124, 129 (4th Cir.1995) (state law claims that would require defendant to alter EPA-approved labeling or packaging preempted by FIFRA); MacDonald v. Monsanto Co., 27 F.3d 1021, 1025 (5th Cir.1994) (common law claims based on alleged improper labeling preempted by FIFRA); Worm v. American Cyanamid Co., 5 F.3d 744, 747 (4th Cir.1993) (Worm II) (labeling claims preempted by FIFRA); King v. E.I.
discussed Cited as authority (rule) Bruce v. ICI Americas, Inc. (2×) also: Cited "see"
S.D. Iowa · 1996 · confidence medium
A. Preemption by FIFRA “FIFRA creates a comprehensive scheme for the regulation of pesticide labeling and packaging.” Welchert v. American Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995); see Wisconsin Pub.
cited Cited as authority (rule) Schuver v. E.I. Du Pont De Nemours & Co.
Iowa · 1996 · confidence medium
Welchert v. American Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995) (citations omitted).
discussed Cited as authority (rule) Reutzel v. Spartan Chemical Co.
N.D. Iowa · 1995 · confidence medium
Following the Supreme Court’s decision in Cipollone , the United States Courts of Appeals have been in agreement that FIFRA expressly preempts state causes of action that *1280 are based on inadequate labeling. 2 See Welchert v. American Cyanamid, Inc., 59 F.3d 69, 72 (8th Cir.1995) (holding that an express warranty claim based on an EPA approved label is preempted); Bice v. Leslie’s Poolmart, 39 F.3d 887, 888 (8th Cir.1994) (holding that “ ‘actual agency approval eliminates any possible claims under state tort law for failure to comply with federal [labeling] requirements.’ ”) (qu…
cited Cited "see" Johnson v. Monsanto Chemical Co.
N.D.N.Y. · 2001 · signal: see · confidence high
Worm, 5 F.3d at 749 ; see Welchert v. American Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir.1995); Higgins, 862 F.Supp. at 761 .
discussed Cited "see" Jarman v. United Industries Corp. (2×) also: Cited "see, e.g."
S.D. Miss. · 2000 · signal: see · confidence high
See Welchert v. American Cyanamid, Inc., 59 F.3d 69, 72 (8th Cir.1995) (rejecting plaintiffs attempt to employ plurality’s analysis in Cipollone to save their express warranty claim for preemption; since their express warranty claim was based entirely on statements included in the EPA-approved label, the Cipollone plurality’s exception for “voluntarily undertaken” commitments could not be applied).
discussed Cited "see" National Bank Of Commerce v. Dow Chemical Co. (2×)
8th Cir. · 1999 · signal: see · confidence high
See Humphrey v. Sequentia, Inc., 58 F.3d 1238, 1243 (8th Cir.1995). 14 "FIFRA creates a comprehensive scheme for the regulation of pesticide labeling and packaging." Welchert v. American Cyanamid, Inc., 59 F.3d 69, 71 (8th Cir.1995).
discussed Cited "see" Hawkins v. Leslie's Poolmart
D.N.J. · 1997 · signal: see · confidence high
See Welchert v. American Cyanamid, Inc., 59 F.3d 69, 73 (8th Cir.1995) (“Where Congress has so clearly put pesticide labeling regulation in the hands of the EPA, the [plaintiffs’] claim *570 challenging the accuracy of the herbicide label’s federally-mandated and approved statement cannot survive.”); Taylor AG Indus. v. Pure-Gro, 54 F.3d 555 , 561 (9th Cir.1995) (“In accordance with the decisions of the Supreme Court and the First, Fourth, Fifth, Seventh, Eighth, Tenth, and the Eleventh Circuits, we conclude that Appellants’ failure to warn claim against the Manufacturers and Pure-…
discussed Cited "see" Ackles v. Luttrell
Neb. · 1997 · signal: see · confidence high
See, Welchert v. American Cyanamid, Inc., 59 F.3d 69 (8th Cir. 1995); Taylor Ag Industries v. Pure-Gro, 54 F.3d 555 (9th Cir. 1995); Lowe v. Sporicidin Intern., 47 F.3d 124 (4th Cir. 1995); Bice v. Leslie’s Poolmart, Inc., 39 F.3d 887 (8th Cir. 1994); MacDonald v. Monsanto Co., 27 F.3d 1021 (5th Cir. 1994); Worm v. American Cyanamid Co., 5 F.3d 744 (4th Cir. 1993); King v. E.I.
discussed Cited "see" Kuiper v. American Cyanamid Co.
E.D. Wis. · 1997 · signal: see · confidence high
See, Welchert v. American Cyanamid, Inc., 59 F.3d 69, 72-73 (8th Cir.1995); Worm v. American Cyanamid Co., 5 F.3d 744, 748-49 (4th Cir.1993) Worm v. American Cyanamid Co., both discussing Cipollone v. Liggett Group, Inc., 505 U.S. 504 , 112 S.Ct. 2608 , 120 L.Ed.2d 407 (1992).
discussed Cited "see, e.g." Pfeifer v. E.I. Du Pont De Nemours & Co.
Neb. · 2000 · signal: see, e.g. · confidence low
See, e.g., Welchert v. American Cyanamid, Inc., 59 F.3d 69 (8th Cir. 1995); Worm v. American Cyanamid Co., 5 F.3d 744 (4th Cir. 1993); Papas v. Upjohn Co., 985 F.2d 516 (11th Cir. 1993), cert. denied 510 U.S. 913 , 114 S. Ct. 300 , 126 L.
discussed Cited "see, e.g." Hoelck v. ICI Americas, Inc.
Neb. Ct. App. · 1998 · signal: see also · confidence low
See, also, Welchert v. American Cyanamid, Inc., 59 F.3d 69 (8th Cir. 1995); Worm v. American Cyanamid Co., 5 F.3d 744, 748 (4th Cir. 1993) (stating that “[b]ecause the language on the label was determined by the EPA to comply with the federal standards, to argue that the warnings on the label are inadequate is to seek to hold the label to a standard different from the federal one”); Wright v. Dow Chemical U.S.A., 845 F. Supp. 503 (M.D.
discussed Cited "see, e.g." Romah v. Hygienic Sanitation Co.
Pa. Super. Ct. · 1997 · signal: see, e.g. · confidence medium
See, e.g., Welchert v. American Cyanamid, Inc., 59 F.3d 69, 72 (8th Cir.1995); Taylor AG Industries v. Pure-Gro, 54 F.3d 555, 560 (9th Cir.1995); MacDonald v. Monsanto, Co., 27 F.3d 1021, 1025 (5th Cir.1994); Worm v. American Cyanamid Co., 5 F.3d 744, 747-48 (4th Cir.1993) (“Worm II”); King v. E.I.
discussed Cited "see, e.g." Burt v. Fumigation Service and Supply, Inc.
W.D. Mich. · 1996 · signal: see, e.g. · confidence medium
See, e.g., Welchert v. American Cyanamid, Inc., 59 F.3d 69, 72 (8th Cir.1995); Taylor v. AG Industries v. Pure-Gro, 54 F.3d 555, 560 (9th Cir.1995); MacDonald v. Monsanto Co., 27 F.3d 1021, 1025 (5th Cir.1994); Worm v. American Cyanamid Co., 5 F.3d 744, 747-48 (4th Cir.1993) ("Worm II"); King v. E.I.
discussed Cited "see, e.g." Dickman v. E.I. Du Pont De Nemours & Co.
Ill. App. Ct. · 1996 · signal: see, e.g. · confidence medium
See, e.g., Welchert v. American Cyanamid, Inc., 59 F.3d 69, 72-73 (8th Cir. 1995); Taylor Ag Industries v. Pure-Gro, 54 F.3d 555, 560-63 (9th Cir. 1995); MacDonald v. Monsanto Co., 27 F.3d 1021, 1024-25 (5th Cir. 1994); Worm v. American Cyanamid Co., 5 F.3d 744, 747-49 (4th Cir. 1993); King v. E.I.
Retrieving the full opinion text from the archive…
Donald WELCHERT, Rick Welchert, Jerry Welchert, Deborah Welchert, Appellees,
v.
AMERICAN CYANAMID, INC., Appellant
94-3336.
Court of Appeals for the Eighth Circuit.
Jun 26, 1995.
59 F.3d 69
Mark Woollums, Davenport, IA, argued (Jean Dickson Feeney, on the brief), for appellant., Gregory G. Bamtsen, Council Bluffs, IA, argued, for appellees.
McMillian, Fagg, Hansen.
Cited by 54 opinions  |  Published
McMILLIAN, Circuit Judge.

American Cyanamid Co. (Cyanamid) appeals from a final judgment entered in the United States District Court for the District of Nebraska upon a jury verdict finding it liable to plaintiffs for breach of an express warranty. The jury awarded damages to plaintiffs Deborah and Jerry Welchert in the amount of $61,430.60 and to plaintiffs Donald and Rick Welchert in the amount of $55,-734.25. For reversal, Cyanamid argues that the district court erred in refusing to grant its motion for judgment as a matter of law because the claims of breach of express warranty were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FI-FRA), 7 U.S.C. §§ 136-136y. For the reasons discussed below, we reverse.

[*70] I. BACKGROUND

The facts in the present case are largely uneontroverted. In 1989, Deborah and Jerry Welchert began raising vegetables as a commercial enterprise. To that end, they leased land in Fort Calhoun, Nebraska. The following year, Deborah and Jerry Welchert decided to lease a different tract of land. They, therefore, leased approximately 38 acres of land southeast of Blair, Nebraska. Jerry’s brother, Rick, also farmed this property. Before Deborah and Jerry Welchert began farming these 38 acres, they were not told, nor did they ask, whether any chemicals had been applied to the ground which might interfere with the planting and cultivating of vegetables.

Soon after they began planting vegetables on this tract, they observed growth problems. Some time after they noticed these problems, they learned that Pursuit, a herbicide manufactured by Cyanamid, had been applied to the land in 1989. After Deborah Welchert made this discovery, someone provided her with a Pursuit Plus label. Pursuit Plus is also a herbicide manufactured by Cyanamid. They are, however, two different products. Deborah Welchert reviewed the Pursuit Plus label with her husband Jerry, and his brother, Rick. Specifically, they focused on a paragraph which stated that other rotational crops, such as vegetable crops, could be planted eighteen months after an application of Pursuit Plus. Deborah Welchert also met with a Cyanamid representative in 1990. The only statement which he remembered making to Deborah with regard to the damage to her vegetable crops was that, according to the label, it would be safe to plant after eighteen months.

Relying on the language of the Pursuit Plus label, Jerry and Deborah Welchert planted crops again in 1991 but experienced the same growth problems. Also in 1991, brothers Rick and Donald Welchert leased fourteen acres of land for the purpose of vegetable farming. In May 1989, this property was treated with Pursuit Plus. Rick never actually read the Pursuit Plus label. Rather, he relied on what Deborah had related to him regarding its contents. Donald, in turn, relied only on what Rick told him about the eighteen-month rotational crop period. The vegetables they planted in 1991 also suffered growth problems.

Plaintiffs Deborah, Jerry, Don, and Rick Welchert (the Welcherts) filed this action in the United States District Court for the Southern District of Iowa in October 1991, seeking recovery for damage to their vegetable crops allegedly caused by Pursuit and Pursuit Plus. Jurisdiction was based on diversity of citizenship. 28 U.S.C. § 1332. On November 16,1992, Cyanamid filed a motion for summary judgment on the various claims asserted in the Welcherts’ complaint. On August 27, 1993, the district court found there were material facts in dispute regarding which one of the Welcherts actually read the warranty language and at what point in time, and disputed fact issues regarding the alleged unconscionability of the warranty language. Welchert v. American Cyanamid Co., Civil No. 1-91-CV-20057 (S.D.Iowa Aug. 27, 1993) (Order). The district court also held, however, that the Welcherts’ claims for inadequate labeling were preempted by FI-FRA, Id. at 4. The district court then transferred the case to the United States District Court for the District of Nebraska pursuant to 28 U.S.C. § 1404.

On September 15, 1993, the United States Court of Appeals for the Fourth Circuit decided the case of Worm v. American Cyanamid Co., 5 F.3d 744 (4th Cir.1993) (Worm), in which the court held that the plaintiffs’ express and implied warranty claims based on a herbicide label were preempted under FIFRA. As a result of the Fourth Circuit’s ruling, Cyanamid filed a motion to reconsider in the present case. The district court for purposes of clarity construed the motion as simply another motion for summary judgment. The district court held that the implied warranty claims were preempted by FIFRA, but that the express warranty claims were not. Welchert v. American Cyanamid Co., No. 8:CV93-00508 (D.Neb. Feb. 14, 1994) (Order). Cyanamid then requested certification of the issue for immediate appellate review, but the district court denied the request. After the jury returned its verdict, the district court again denied Cyanamid’s renewed motion for judgment as[*71] a matter of law. Id. (Aug. 19, 1994) (Order). This appeal followed.

II. DISCUSSION

FIFRA creates a comprehensive scheme for the regulation of pesticide labeling and packaging. [1] See Wisconsin Pub. Intervenor v. Mortier, 501 U.S. 597, 601, 111 S.Ct. 2476, 2479-80, 115 L.Ed.2d 532 (1991). Furthermore, all pesticides sold in the United States must be registered with the Environmental Protection Agency (EPA). [2] See 7 U.S.C. § 136a(a). “The objectives and purposes of FIFRA include the strengthening of federal standards, increasing EPA authority for their enforcement, and providing a comprehensive and uniform regulation of the labeling, sale, and use of pesticides.” Worm, 5 F.3d at 747. FIFRA establishes an complex process of EPA review that culminates in the approval of a label under which a product may be marketed. Manufacturers must submit draft label language addressing a number of different topics, including ingredients, directions for use, and adverse effects of the products, see 7 U.S.C. § 186a(c); 40 C.F.R. § 152.50 & pt. 156, and a final label must be submitted to the EPA prior to registration. 40 C.F.R. § 156.10(a)(6).

Section 24 of FIFRA, as amended, provides in part:

(a) In general
A State may regulate the sale or use of any federally registered pesticide or device in the State, but only if and to the extent the regulation does not permit any sale or use prohibited by this subchapter.
(b) Uniformity
Such State shall not impose or continue in effect any requirements for labeling or packaging in addition to or different from those required under this subchapter.

7 U.S.C. § 136v(a), (b). At issue in the present case is the extent to which subsection (b) preempts a state law cause of action for breach of an express warranty.

The Supreme Court’s decision in Cipollone v. Liggett Group, 505 U.S. 504, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992) (Cipollone), includes an extensive analysis of a preemption provision in the Public Health Cigarette Smoking Act of 1969 (“1969 Act”), 15 U.S.C. §§ 1331-1340, which is substantially similar to the preemption provision in FIFRA. [3] In Cipollone, the plaintiff brought an action against three cigarette companies in connection with the death of his wife, who had lung cancer. Among his stated causes of action, the plaintiff based a claim for breach of an express warranty on many statements made in the cigarette manufacturers’ advertising. Justice Stevens, in a plurality opinion joined by three other members of the Court, explained why this claim would survive preemption: “A manufacturer’s liability for breach of an express warranty derives from, and is measured by, the terms of that warranty. Accordingly, the ‘requirements’ imposed by an express warranty claim are not ‘imposed under State law,’ but rather imposed by the warrantor.” Id. at 525, 112[*72] S.Ct. at 2622 (italics in original). Noting the contractual nature of express warranty claims, the plurality opinion further provided that “a common law remedy for a contractual commitment voluntarily undertaken should not be regarded as a ‘requirement ... imposed under State law [5] within the meaning of § 5(b).” Id. Accordingly, the plurality concluded that such claims were not preempted under the 1969 Act. [4]

In Worm, the Fourth Circuit was faced with a set of facts very similar to those before us. The plaintiffs planted sweet corn on land that had previously been treated with Scepter, another Cyanamid herbicide. The Scepter label, which had been approved by the EPA, stated that corn could be safely planted eleven months after application of the herbicide. The corn, planted about a year after application, did not do well and had to be plowed under. The plaintiffs’ filed a state court suit, which was subsequently removed, alleging a number of claims including a claim for breach of express warranty based on the language of the label. 5 F.3d at 746. The plaintiffs argued that the express warranty claim was not preempted by FI-FRA because the label’s language on the period of carryover effect [5] was voluntarily provided. The plaintiffs thereby attempted to employ the plurality’s analysis in Cipollone to save their express warranty claim from preemption under § 24(b) of FIFRA. Addressing this argument, the Fourth Circuit noted that “American Cyanamid’s inclusion on its label of the information that corn could be safely planted 11 months following application of Scepter was not voluntary.” Worm, 5 F.3d at 749. Such statements are in fact required by regulations adopted under FIFRA. See 40 C.F.R. § 156.10(i)(2)(x)(B). The court therefore concluded that, “[b]e-cause the [plaintiffs] point[ed] to no statement made by American Cyanamid other than that required and approved by the EPA, their warranty claims [we]re preempted” Worm, 5 F.3d at 749. More recently, the Fourth Circuit restated its conclusion in Worm that “an express warranty claim based on EPA approved labeling materials is preempted.” Lowe v. Sporicidin Int’l, 47 F.3d 124, 129 (4th Cir.1994).

We are faced with precisely the same issue. The express warranty claim of the Welcherts is based entirely on the label’s statement with regard to the herbicide’s carryover effect. They have not alleged that Cyanamid made any other statements with regard to the product which might serve as the basis for their express warranty claim. As noted in Worm, federal regulation requires a pesticide manufacturer to provide labeling information about rotational crop restrictions. 5 F.3d at 749. Cyanamid’s label statement on rotational crop use is thus a mandated disclosure, not a “voluntarily undertaken” promise. See Higgins v. Monsanto Co., 862 F.Supp. 751, 761 (N.D.N.Y.1994) (Higgins) (“[E]xpress 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.”). The determination that the challenged label statement was required by federal law was essential to the Worm court’s decision on the preemption of the express warranty claim. The Worm court further rejected the plaintiffs’ argument that claims of breach of express warranty were not preempted because it “suggested] that what was approved by the EPA[*73] was inadequate for purposes of establishing a state cause of action.” 5 F.3d at 749.

In the present case, like Worm, the Weleherts’ express warranty claim arose solely on the basis of a labeling statement specifically required by federal law and approved by the EPA. For the purposes of our preemption analysis in the present case, we believe that the Fourth Circuit’s use of the phrase “required and approved by the EPA,” when characterizing the label statement challenged by the plaintiffs in that ease, properly limits the scope of FIFRA’s preemption of state law breach of express warranty claims. See Higgins, 862 F.Supp. at 761 (“This court reads the operative word ‘and’ as indicating the Fourth Circuit’s intention to preempt only those express warranty claims that are [based on] EPA mandated [labeling].”). Because the Welcherts’ state law express warranty claim challenges only language specifically required and approved by the EPA, the exception for “voluntarily undertaken” commitments provided by the Cipollone plurality cannot be applied in the present ease to save the Welcherts’ express warranty claim from preemption. [6] Where Congress has so clearly put pesticide labeling regulation in the hands of the EPA, the Welcherts’ claim challenging the accuracy of the herbicide label’s federally-mandated and approved statement cannot survive. See Worm, 5 F.3d at 748 (“Because the language on the label was determined by the EPA to comply with the federal standards, to argue that the warnings on the label are inadequate is to seek to hold the label to a standard different from the federal one.”). To hold otherwise would be to allow state courts to sit, in effect, as super-EPA review boards that could question the adequacy of the EPA’s determination of whether a pesticide registrant successfully complied with the specific labeling requirements of its own regulations. In such case, state court consideration of the label statement would be an “additional” requirement. In light of the extensive federal statutory and regulatory provisions on pesticide registration and labeling requirements, the preemptive language of § 24(b) of FIFRA must be read to preclude the Welcherts’ claim. Consequently, we hold that their state law claim for breach of an express warranty is preempted by FI-FRA.

III. CONCLUSION

Because we find the preemption issue to be dispositive, we need not address the other issues raised on this appeal. For the reasons discussed above, the judgment of the district court is reversed.

1

. The definition of "pesticide” under FIFRA includes herbicides. See 7 U.S.C. § 136(u).

2

. We note that, before a pesticide can be registered with the EPA, the Administrator must determine whether:

(A) its composition is such as to warrant the proposed claims for it;
(B) its labeling and other material required to be submitted comply with the requirements of [FIFRA];
(C) it will perform its intended function without unreasonably adverse effects on the environment; and
(D) when used in accordance with widespread and commonly recognized practice it will not generally cause unreasonably adverse effects on the environment.

7 U.S.C. § 136a(c)(5)(A)-(D). The corresponding federal regulation provides in part that the EPA will approve an application under the criteria of FIFRA. § 3(c)(5) only if:

The Agency has determined that the product is not misbranded as that term is defined in FIFRA sec. 2(q) and part 156 of this chapter, and its labeling and packaging comply with the applicable requirements of the Act, this part, and parts 156 and 157 of this chapter.

40 C.F.R. § 152.112(f).

3

.The 1969 Act replaced § 5(b) of the Federal Cigarette Labeling and Advertising Act of 1965, 15 U.S.C. § 1334(b), with the following language: "No requirement or prohibition based on smoking and health shall be imposed under State law with respect to the advertising or promotion of any cigarettes the packages of which are labeled in conformity with the provisions of this Act.”

4

. Dissenting in part, Justice Scalia criticized the distinction the plurality made between an obligation created by the warrantor and one imposed by state law. He reasoned it is the legal effect given to the warrantor’s representation that is decisive. Thus, he concluded that the plaintiff's express warranty claims would have been preempted under § 5(b) of the Federal Cigarette Labeling and Advertising Act of 1965, as amended by the Public Health Cigarette Smoking Act of 1969. Cipollone v. Liggett Group, 505 U.S. 504, 549-51, 112 S.Ct. 2608, 2635, 120 L.Ed.2d 407 (1992) (Scalia, J., concurring in the judgment in part and dissenting in part). Justice Blackmun filed an opinion concurring in part and dissenting in part, in which he argued that neither version of § 5(b) preempted state law causes of action for damages. Id. at 531-45, 112 S.Ct. at 2625-32 (Blackmun, J., concurring in part and dissenting in part).

5

. The term "carryover effect,” as used in this opinion, refers to the length of time that an application of a pesticide might harm subsequently planted crops.

6

. A label statement specifically required by FI-FRA and its corresponding federal regulations does not have the contractual quality of an express warranty. As noted above, it is in the nature of a mandatory disclosure. Thus, any misrepresentation, negligent or otherwise, in such disclosure would therefore sound, if at all, in tort, not contract.