Martin v. Monsanto Co.

摘要

For the foregoing reasons, Defendant's Motion to Dismiss Plaintiffs First Amended Complaint is GRANTED in part, DENIED in part. To the extent Plaintiff seeks an injunction which would dictate the contents of Defendant's label, that injunctive relief is preempted by FIFRA. Plaintiff's claim for breach of warranty under the MMWA is DISMISSED with leave to amend. If Plaintiff wishes to pursue her claim for breach of warranty under the MMWA, she shall file her Second Amended Complaint on or before February 23, 2017. IT IS SO ORDERED.