Products Liability Law Daily Wrap Up, PREEMPTION—HOUSEHOLD PRODUCTS—S.D. Ohio: Court declines to reconsider earlier holding that failure-to-warn claim against manufacturer of wood stain was preempted by Federal Hazardous Substances Act, (Nov 9, 2026)

By Nicholas Kaster, J.D.

State claims, like the one here, are only preempted by the FHSA if they are “designed to protect against the same risk of illness or injury” as the FHSA.

A federal district court in Ohio has denied a motion to reconsider its earlier ruli ...