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Jacob Maslow
Jacob Maslow
Articles (117)  | Author's Website |

Dicamba Manufacturers Face Lawsuit

Monsanto and BASF are now the targets of a major lawsuit over their herbicide

September 13, 2017 | About:

Dicamba, a leading herbicide, is now the key focal point of a lawsuit filed by Morgan & Morgan. The lawsuit targets three of the leading manufacturers of the herbicide: DuPont, Monsanto (NYSE:MON) and BASF (NYSE:BAS).

Morgan & Morgan is representing farmers that have been impacted by dicamba. The complaint was filed on behalf of Warren Farms, owned by Brian Warren of Broughton, Illinois.

The herbicide, according to the complaint, is volatile and can travel long distances, impacting plants miles away. The lawsuit claims that dicamba was marketed as not being subjected to off-target movement. The herbicide was also marketed as being "low volatility."

Warren alleges that damage occurred to hundreds of acres of his crops.

The complaint suggests that millions of acres of crops have been impacted by the volatility of the herbicide. Morgan & Morgan states, "Farmers across the country relied upon the defendants' assurances that these new formulations of dicamba could be used safely and without harm to others. That simply isn't true, and as a result, thousands of farmers are staring down lean harvests and uncertain futures."

Warren claims that his crops suffered from stunting, wrinkling, discoloration, curling and cupping between June and July.

Dicamba complaints reached nearly 1,000 cases in Arkansas and have been highlighted in the complaint. Farmers in over 21 states have filed complaints stating that the herbicide harmed nonresistant crops and reduced their yields significantly.

Monsanto is just one of the companies that sells crops that are resistant to dicamba. The company claims that half of the soybeans in Arkansas are dicamba tolerant and account for 1.5 million acres of soybean crops.

The claims seek damages for dicamba along with damages related to a reduction in crop yield.

The claims of product liability suggest that the three defendants knew that this damage would occur. Warren's complaint suggests the actions of the company were "willful and malicious." The lawsuit suggests that the companies engaged in failure to warn, fraud, deceptive business practices and negligence.

The suit further claims that the companies are liable for the defective design of their herbicide.

Morgan & Morgan suggests that the herbicide's dangers have been known for decades. The firm alleges that the defendants are using the herbicide to eliminate competition.

The lawsuit seeks the stoppage of companies selling dicamba under the names Xtend, Engenia, Fexapan and Xtendimax. The plaintiff is seeking punitive and statutory damages, losses, attorney fees and exemplary damages.

Disclosure: Author does not own any stakes in the above mentioned equities.

About the author:

Jacob Maslow

Jacob Maslow is a writer and marketing specialist who began his career as a payroll manager. The same affinity for numbers that originally led him to an early career in accounting now comes in handy when it comes to understanding and working with marketing analytics.

A native of New York, Maslow is now based in the Middle East, where he lives with his wife and five children and provides high-quality services to clients in a variety of industries, including the legal, medical and financial sectors.

In addition to his marketing and consulting work, Maslow has founded a variety of news websites, including Legal Scoops. He is a frequent contributor to a variety of publications including business.com and business2community.com.

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