DuPont Hit with another Imprelis LawsuitJul 20, 2011 | Parker Waichman LLP
DuPont's Imprelis headaches continue, with another lawsuit claiming the new and highly-touted herbicide is killing and damaging trees. The lawsuit, which was brought by a Pennsylvania homeowner and Indiana golf course company, was filed Monday in federal court in Delaware. The complaint is the second to be filed over Imprelis in less than a week, but it likely won't be the last.
According to The New York Times, this latest Imprelis lawsuit accuses DuPont of being negligent or reckless in bringing Imprelis to market, and claims the company failed to warn Imprelis users that the herbicide the potential to migrate through the soil and come into contact with root systems. It asserts Imprelis is killing trees, shrubs and ornamental shrubs across the country and seeks compensation for all property damage suffered as a result, as well as an injunction barring DuPont from selling the product and unspecified punitive damages.
This filing came just days after the Polo Fields Golf & Country Club LLC of Southfield, Michigan filed a similar Imprelis lawsuit, also in Delaware. That lawsuit alleges Imprelis caused "the loss of thousands, if not tens of thousands, of mature pine and spruce trees," and the nationwide damage "is mounting with no end in sight."
DuPont has acknowledged receiving reports of Imprelis tree death, and says it is investigating. In a letter to turf managers dated June 17, the company told Imprelis users to avoid spraying it near Norway Spruce or White Pines, or in places where the product might drift toward such trees or run off toward their roots.
The U.S. Environmental Protection Agency (EPA), which granted Imprelis conditional approval last October, also said recently it would launch an "expedited review" of the herbicide. The EPA held a teleconference on July 6 discussing suspected incidents of tree death and damage in Minnesota, Indiana, Illinois, Ohio, Michigan, Pennsylvania, Maryland, Virginia, Delaware, Wisconsin and West Virginia that could be associated with Imprelis.