EPA: DuPont Knew Imprelis Herbicide Could Damage Trees

On Thursday, the Environmental Protection Agency ordered a recall of DuPont’s Imprelis, the latest herbicide in the chemical company’s arsenal.

Issued under the Federal Insecticide, Fungicide and Rodenticide Act, the EPA order requires DuPont to immediately stop the sale and distribution of Imprelis in the United States and creates criminal penalties for anyone who uses or sells Imprelis.

DuPont’s latest herbicide was approved for use by turf professionals only and was marketed to the landscaping industry as safer and more eco-friendly than its predecessors. In their marketing materials, DuPont stated: “Imprelis™ allows turf professionals to control dandelion, clover and plantains plus the toughest broadleaf weeds — like ground ivy, wild violets and clover — even during reseeding or rainy days. Its single active ingredient has one of the lowest application rates, combined with low toxicity to mammals and low environmental impact. Professionals treating residential and commercial lawns, golf courses, sod farms, and sensitive areas such as schools, parks and athletic fields will benefit from this high level of performance and environmental features.” Low environmental impact, indeed.

EPA’s Imprelis Investigation

EPA launched its Imprelis investigation in July after thousands of landscapers, homeowners, and landowners across the U.S. filed complaints of damage to trees, particularly Norway Spruce, Balsam Fir, and other coniferous evergreens.

The EPA investigation revealed that DuPont actually knew of Imprelis’ potential to damage evergreens, but never included this information on Imprelis’ product label.

The Detroit Free Press reported: “the EPA said that DuPont had test data that showed its herbicide Imprelis was harmful to Norway Spruce, Balsam Fir and other trees when it was given EPA approval last August…Despite that test data, (DuPont) does not warn or caution about potential damage to…certain species of trees.” The EPA does not say if that test data was submitted in the original documents for product approval.

Did EPA know about DuPont’s test data when it gave approval to Imprelis?

According to a New York Times article on July 14, 2011: “Imprelis went through about 400 trials, including tests on conifers, and performed without problems, according to experts at DuPont and at the E.P.A. The agency reviewed the herbicide for 23 months before granting its conditional approval, meaning that all of the safety data was not yet in but the agency judged Imprelis to be a good product.” New York and California never gave their approval to Imprelis, believing that the product required further testing.

The active ingredient in Imprelis is aminocyclopyrachlor, part of a new class of herbicides viewed as being safer than previous weed killers. In granting conditional approval last August, EPA stated that “aminocyclopyrachlor will not cause any unreasonable adverse effects to human health or to the environment and that the use of the pesticide is in the public’s interest.” (The complete statement was previously available on the regulations.gov website, which is no longer available). Kate Childress, a DuPont spokeswoman, said that studies were submitted to the EPA once it began its investigation. “Among these were studied on the effects of Imprelis on trees, including studies that showed injury to trees under certain circumstances…Everything was done in compliance with (the Federal Insecticide, Fungicide and Rodenticide Act). There was no intent to deceive the EPA whatsoever,” she said.