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Chemlawn sells pesticide products for use on residential lawns. The active ingredients in Chemlawn’s products are registered with the Environmental Protection Agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Deborah Ryan brought a lawsuit against Chemlawn seeking damages in tort for injuries she claimed that she and her son Kevin sustained from the use of Chemlawn products. Ryan claims that the products are unsafe for commercial use and that they have been inadequately tested by the EPA. Chemlawn contends that Ryan should take her complaints to EPA, which has the responsibility for determining whether the products are safe to be sold. How should the court decide?
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