Pesticide Litigation

Aug 11, 2012 No Comments by

Campbell Law represents farmers, growers, nursery operators, and facility owners who have suffered damages as a result of the application of and/or contamination by a pesticide. Under the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), the Environmental Protection Agency (“EPA”) collectively defines all chemicals (pesticides, insecticides, fungicides, rodenticides, herbicides and neumaticides) as “pesticides”. Services are primarily provided in heavy agricultural states, such as Florida, however, through associating with attorneys in other states, we can provide such services in other states. Substantial claims have been brought and recoveries have been achieved in regard to such matters as damaging fungicides, soil contamination, and either run-off or airborne contamination and damages resulting from application of a pesticide nearby the subject site.

These suits are brought to obtain monetary compensation for the losses suffered. Campbell Law handles such cases on a contingent fee basis; that is, its fee is a percentage of the recovery. If there is no recovery, then there is no fee.

If you would like to be contacted by a representative of the firm, please send an email or phone the office toll free.


IMPRELIS® Recall

On August 11, 2011 the Environmental Protection Agency (EPA) ordered DuPont to halt the sale, use or distribution of its herbicide, IMPRELIS®. The EPA issued the order because IMPRELIS® is linked to a large number of damaged and dying trees.

DuPont admitted that IMPRELIS® damaged trees. There have been numerous reports of damaged and dying trees after the application of IMPRELIS®. Specifically, golf courses have reported damaged and dying spruce and pine trees. The IMPRELIS® damaged trees begin to wither and turn brown exhibiting the same characteristics of the weeds IMPRELIS® is intended to kill.

What is IMPRELIS®?

DuPont introduced its new herbicide, IMPRELIS®, on October 4, 2010 touting its safe and beneficial use. IMPRELIS® is the brand name for DuPont’s aminocyclopyrachlor, which is an herbicide, intended to kill broad leaf weeds, like marshmallow, dandelion, cat’s ear, lamb’s tongue, plantains, chickweed, fleabane, clover, and dock. The active ingredient in IMPRELIS® is absorbed thorough foliage and roots of the targeted weeds. IMPRELIS® causes the leaves of the targeted weeds to twist, bend, curl and cup.

IMPRELIS® was marketed for use on residential and commercial lawns, golf courses, sod/turf farms, parks, and athletic fields. DuPont’s marketing focused on IMPRELIS® low environmental impact. This characteristic persuaded landscapers, turf professionals, and others to begin applying IMPRELIS®. But now many of those applicators are seeing the negative impact of IMPRELIS® – damaged and dying trees and shrubs.

DuPont Knew IMPRELIS® Damaged Trees

The EPA began investigating IMPRELIS® after it received thousands of reports of damaged and dying trees. In its investigation, the EPA found that DuPont knew of IMPRELIS® potential damage to evergreen trees, but did not include the information on the IMPRELIS® label. DuPont’s test data showed that IMPRELIS® was harmful to Norway Spruce, Balsam Fir, and other trees.

What you Need to Know About Damaged Trees.

If your property suffered damage to trees or shrubs after applying IMPRELIS®, it is vital that you keep the following records:

  • Maintenance records
  • Spray records (herbicides, pesticides, fungicides, insecticides, etc.)
  • Irrigation records
  • Photographs and other documentation of damaged trees and shrubs

DuPont has set up a website to provide facts, as well as, process claims and refunds. It is important that you consult an attorney before submitting a claim or collecting a product refund because doing so may impede your ability to recover for the damage caused by IMPRELIS®. Contact us via our contact page or call for a free case evaluation at 1-888-775-3820.

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