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McGrath v. Rust-Oleum Corporation

United States District Court, Third Circuit

June 12, 2013

JOHN AND EMILIE MCGRATH
v.
RUST-OLEUM CORPORATION, ET AL.

ORDER

JOHN R. PADOVA, District Judge.

AND NOW, this 11th day of June, 2013, upon consideration of Plaintiffs' Motion for Partial Summary Judgment (Docket No. 26), Defendants' Motion for Summary Judgment (Docket No. 25), and all documents filed in connection therewith, and after hearing argument on the Motions on April 29, 2013, for the reasons stated in the accompanying Memorandum, IT IS HEREBY ORDERED as follows:

1. Plaintiffs' Motion is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED insofar as we hold that the Watco Teak Oil Finish is a misbranded hazardous substance due to the label's failure to reference linseed oil as a hazardous component. The Motion is DENIED in all other respects.
2. Defendants' Motion is DENIED in its entirety.

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