Indian Brand Farms, Inc., et al. v. Novartis Crop Protection, Inc., 617 F.3d 207 (3rd Cir. 2010)

(plaintiffs, blueberry farmers, claimed that defendant's pesticide caused injury to their blueberry plants and sued for negligent misrepresentation based on defendant's marketing brochure; court finds that because marketing brochure did not qualify as "labeling" under FIFRA, plaintiffs' claim was not preempted; no evidence that plaintiffs relied on oral representations; plaintiffs failure-to-warn claim would not have resulted in labeling requirement in addition to or different from what FIFRA requires so claim not preempted; genuine issue of material fact remained as to whether risk of harm to plaintiffs' crops was foreseeable and whether the risk could have been reduced or avoided by another reasonable design).