Imprelis Herbicide Lawsuit Now Class Action-Can You Join?

The legal team at DuPont has plenty of job security as the fallout from their Imprelis herbicide continues.

Since July 14, 2011, no fewer than 46 lawsuits have been filed in 17 different federal courts over the damages that Imprelis inflicted on property owners who suddenly saw their evergreen trees, bushes, and other plants die or become damaged from the herbicide.

Recently, all of the suits were combined into one class action suit, representing all plaintiffs, which will be heard by the US District Court for the Eastern District of Pennsylvania, sitting in Philadelphia. The consolidated cases are now referred to as In re: Imprelis® Herbicide Marketing, Sales Practices and Products Liability Litigation, Case No. 11-md-2284 (E.D. Pa.). Individual suits on a scale like this are frequently combined to create efficiency in the judicial process.

Since my last post on DuPont’s Imprelis debacle, more non-targeted plants have been identified as susceptible to the herbicide. The list includes (but is by no means absolute):

Trees: Arborvitae, Ash, Cedar, Dogwood, Fir, Locust, Maple, Oak, Pine, Redwood, Spruce, and Yew

Bushes: Forsythia, Redbud, Rhododendron, Viburnum

Plants: Black Eyed Susan, Purple Coneflower, Delphinium, Lilac, Vinca minor (periwinkle)

How Imprelis Killed Trees

It would appear that DuPont’s scientists seriously misjudged the amount of time the active ingredient in Imprelis, aminocyclopyrachlor, took to break down in the soil after application. An herbicide is formulated to act on targeted vegetation for only a short amount of time and then degrade through ultraviolet light or rainwater. In theory, this prevents the active chemical compounds from poisoning non-targeted species like wildlife, humans, pets, groundwater, grass, and your 80-year-old Spruce tree.

In the case of Imprelis, aminocyclopyrachlor remained active long after it performed its action on broadleaf weeds. Feeder roots from non-targeted plants and trees, which can extend many feet beyond their hosts, absorbed Imprelis along with heavy spring rains. As the herbicide made its way up through the plants and trees, it created twisting, browning, and other symptoms wherever that part of the root system fed the plant. In some cases trees appear perfectly normal on one side and completely dead on the other.

The Class Action Suit And The EPA

As reports of tree deaths surfaced over the summer, the Environmental Protection Agency, charged with overseeing and regulating chemicals in our environment, requested more research documents from DuPont. The first civil lawsuit was filed in July and on August 11, EPA  issued a Stop Sale, Use, Or Removal Order to DuPont which banned the sale of Imprelis in the United States (EPA has no authority to stop its sale in other countries, however).

Robert S. Kitchenoff, an attorney representing plaintiffs in the class action suit against DuPont said, “Based upon the EPA’s Stop Sale Order, it appears that DuPont knew that Imprelis could harm trees and other non-target vegetation but did not disclose that information to either the EPA or the public. We know that when DuPont’s directions for application of Imprelis were followed, trees and other plants died. Trees, shrubs, and other plants acted exactly like weeds, taking the chemical into the tree through the root system and killing the tree from the inside out. The trees showed the same symptoms as DuPont indicated one would see in the dying weeds.” 

“The EPA (asserts)… that DuPont withheld…evidence from them.”,  Kitchenoff said. “When they received reports of tree damage, they demanded evidence from DuPont, including all of its test results. DuPont responded with test data that, according to the EPA, showed that DuPont knew that at least Norway Spruce and Fir trees were susceptible to injury by Imprelis.” (author’s emphasis) Why DuPont hid this information from the EPA remains to be seen and will hopefully be revealed in the course of the suit.

As of this posting, DuPont has not replied to my email requesting comment.

Have your plants or trees been damaged by Imprelis?

If you believe plants, trees or shrubs on your property have been damaged by Imprelis, you can visit this plaintiffs website for more information on joining the suit: (no longer active)

If you must immediately replace trees or shrubs that were damaged by Imprelis (such as if your spruce tree is dead and you fear it may fall on your home or create other damage), refer to this letter from DuPont advising on the steps you should take to prevent your new transplants from becoming infected and how to dispose of the infected soil and plants: http://extension.psu.edu/greenindustry/background-images/pdf-files/replanting-after-imprelis

DuPont has set up an Imprelis resolution site to advise property owners with tree damage on the proper procedures for making a claim directly through DuPont: www.imprelis-facts.com/faq-about-the-claims-resolutions-process/

And finally, if the Imprelis damage to your trees, shrubs or plants is only minor, the good news is that they may recover in the spring. There’s a chance that new growth will fill in the damaged areas and the plant or tree can be saved. This one sheet from Michigan State University is one of the most thorough and concise I’ve found with great photos of types of tree damage caused by Imprelis.