Some of these claims may be affected by the Federal Insecticide Fungicide and Rodenticide Act's (FIFRA, 7 U.S.C. § 1360)
preemption provisions regarding state breach of warranty and failure - to - warn defect claims.
To the extent state laws contain
provisions regarding portability, access, or renewability, as well as privacy requirements, a covered entity will need to evaluate the privacy
provisions under the Title II
preemption provisions, as explained in the
preemption provisions of the rules, and the other
provisions under the Title I
preemption requirements.