If you have recently used DuPont’s Imprelis Herbicide and your trees are dying, you may have a legal claim to recover your losses.

Michigan, Ohio, and a number of other states have opened class-action lawsuits against DuPont, alleging that the use of their Imprelis Herbicide has resulted in a large number of tree deaths. Willows, poplars, eastern white pine trees, conifers, evergreen trees, and many other tree species have been killed. Tree farm owners who have lost large numbers of trees have also been affected, and it has severely compromised their business.

Imprelis Active Ingredients

An article in Huffington Post Green stated that DuPont Imprelis’s active ingredient does not break down in compost. It is important that the active ingredient in a herbicide breaks down so that the ingredient, if harmful in concentrated form, does not damage the vegetation. There is an Imprelis label that states that any clippings from areas treated by Imprelis should not be used as compost or mulch.

DuPont Imprelis Herbicide Banned

In August 2012, the EPA banned further sale of DuPont’s Imprelis Herbicide. By that point, it was estimated that the damage was in the a billions of dollars. Trees as tall as 40 to 50 feet had experienced damage or had been killed. Many of these trees had been around 30 to 50 years and the cost to replace them is upward of $20,000.

As for what led to the EPA ban, the EPA acted after it was shown that DuPont’s own data stated that certain coniferous trees, including the balsam fir, white pine, and Norway spruce were susceptible to damage or death by Imprelis’s active ingredient. Around the time the “stop sale” was issued, DuPont had turned over 7,000 reports that included incidents of tree damage and tree death related to the application of Imprelis.

Nonetheless, DuPont had already stated on August 4 that they would stop selling Imprelis. They also stated that they would put a product return and refund program in place for those customers who had purchased the product.

Federal Insecticide, Fungicide, and Rodenticide Act

The FIFRA is what the stop-sale order was issued under. The FIFRA is a federal law that requires pesticide products and the facilities that produce them to register them. The pesticides must also be properly labeled. The EPA did state that they were going to investigate whether or not the tree deaths may have been due to product misuse. The first place they looked for incorrect directions was the product label, warnings, etc. However, it seems that the main culprit may be the uptake of the harmful product through root systems.

Call Today for a Free Consultation

TSR Injury Law understands what kind of loss tree damage or tree death can be for those who have made a significant investment in the trees on their property. There are also many businesses that sell trees or rely on them as a part of their business. If you have fallen victim to DuPont’s Imprelis Herbicide, you may have a claim. Call us today at (612) TSR-TIME.