Teacher:In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Teacher: Now, understand the problem? Solve this instance: preempted by FIFRA; if anything, it suggests a contrary conclusion. Plaintiffs claim in this case, though arguably more akin to the Cipollone plaintiffs' second theory of fraudulent misrepresentation, is subject to a preemption provision under FIFRA which differs in scope from that under consideration in Cipollone. Unlike 5(b) of the Public Health Cigarette Smoking Act of 1969, which limits the preemptive force of that Act to state laws "based on smoking and health," FIFRA 136v(b) broadly preempts "any requirements" that arise under state law, suggesting that Congress did intend, via FIFRA, to proscribe the regulation of deceptive advertising. Plaintiffs fraud claim is thus preempted. See Graves v. Metrex Research Corp., No. CV91 505710, 1995 WL 416292, at *6 (Conn.Super.Ct.1995) (<HOLDING>); Trinity Mountain Seed Co. v. MSD Agvet, 844
Holding statements: (A) holding that misrepresentation was essential to plaintiffs claim (B) holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage (C) holding misrepresentation claim to be preempted (D) holding plaintiffs misrepresentation claim preempted where the only alleged misrepresentations shown by plaintiff were those contained in their labeling or safety data sheet (E) holding because plaintiff had not alleged defendant made a misrepresentation or that the alleged defect posed a safety risk the district court properly dismissed plaintiffs fraudulent concealment claim
Student:
holding that misrepresentation was essential to plaintiffs claim