Radiator Specialty Asserts FHSA in Removal of Arkansas Lawsuit

EL DORARDO, Ark. -- Radiator Specialty has removed a benzene lawsuit, asserting that the federal court has jurisdiction over the claims because they arise under the Federal Hazardous Substances Act and the Consumer Product Safety Commission. West v. Aervoe Industries, et al., No. 05-01099 (W.D. Ark.).

The defendants removed the lawsuit to the U.S. District Court for the Western District of Arkansas on Oct. 18.

'If there is any cause of action for a failure to warn or instruct a person in the proper and safe use of a benzene containing hazardous consumer product, it arises under the laws of …