In Gresser v. Dow Chemical Co., No. 79A02-1111-CT-1014 (Ind. Ct. App. Apr. 30, 2013), the Indiana Court of Appeals addressed a trial court grant of summary judgment for defendant Dow Chemical based on the Indiana Product Liability Act and upon federal preemption grounds. The Court of Appeals affirmed the summary judgment for Dow based on Ind. Code §34-20-5-1, which provides a rebuttable presumption that a product is not defective, and that a manufacturer or seller of that product not negligent if the product complied with applicable codes, standards, regulations, or specifications established, adopted, or approved by the United States or by Indiana. The Court of Appeals noted that there is no dispute on the record that the insecticide sold by Dow Chemical was registered with the U.S. EPA pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, thus providing the chemical with a rebuttable presumption that it was not defective. The court further held that the plaintiff failed to rebut this presumption of non-defectiveness and, therefore, affirmed summary judgment for Dow.