Peterson v. Basf Corporation

In February 2004, we affirmed the judgment for respondents Ronald Peterson, et al., in this class action against appellant BASF Corporation for violation of the New Jersey Consumer Fraud Act ("NJCFA"), N.J. Stat. Ann. §§ 56.8-1 to -106 (West 2001), in BASFs marketing and advertising of its herbicides Poast and Poast Plus. Peterson v. BASF Corp., 675 N.W.2d 57 (Minn. 2004) ("Peterson III"). BASF petitioned the United States Supreme Court for a writ of certiorari. In an order filed May 2, 2005, the Court granted the writ of certiorari, vacated the judgment, and remanded for reconsideration in light of Bates v. Dow Agrosciences LLC, 544 U.S. 431, 125 S.Ct. 1788 (2005), a recently-decided case on preemption under the Federal Insecticide, Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. §§ 136-136y (2000). BASF Corp. v. Peterson, 125 S.Ct. 1968 (Mem.) (2005). Bates confirms our earlier conclusion that the respondents claims are not preempted by FIFRA, and we therefore affirm the court of appeals.