Yourlawyer.com (Imprelis DuPont Herbicide News) http://www.yourlawyer.com/topics/overview/Imprelis-DuPont-herbicide-tree-death-side-effects-lawsuit Fri, 19 Sep 2014 13:57:24 -0400 Fri, 19 Sep 2014 13:57:24 -0400 pixel-app en Imprelis Claims Pile Up for DuPont http://www.yourlawyer.com/articles/title/imprelis-claims-pile-up-for-dupont Wed, 27 Jun 2012 00:00:00 -0400 http://www.yourlawyer.com/articles/title/imprelis-claims-pile-up-for-dupont DuPont has already paid hundreds of millions of dollars settling damage claims related to its failed herbicide Imprelis.

According to a New York Times report this week, the Delaware-based chemicals giant said some claims are still “trickling” in despite a Feb. 2 deadline to file them. Imprelis, which was introduced only in late 2010 but recalled from the market less than a year later, is being blamed for the deaths of hundreds of thousands of trees, mostly in the Northeast, Mid Atlantic, and upper Midwest regions. Everyone from landscape architects, golf course managers, and public parks operators believe spreading Imprelis to prevent the spread of nuisance ground-level weeds and plants impacted the health of large and older conifer trees, causing them to lose leaves or needles and them to eventually die.

DuPont said it expects to make offers to all those impacted by the defective Imprelis herbicide by the fall, half that total by the end of July. If hundreds of millions have already been paid, it’s likely that much more still remains to be given to those who have their claims accepted. The company has set aside $225 million for the claims already processed and expect to eventually pay a total close to $575 million in Imprelis damages. This will not include claims filed as part of class-action lawsuits filed in two courts.

The Times reports that DuPont is offering about $500 per tree that’s been damaged but is not dead. The money is to be used for restorative treatments to bring those plants back to life. For trees and plants that have died, an official must inspect it before an award can be given. Citing an attorney representing someone who’s seeking Imprelis damages, The Times indicates that more than $2,000 for a 20-foot conifer tree and more than $7,000 for a tree twice as tall.

Some seeking claims dispute the expedited nature to DuPont’s assertion that most or all will be handled before winter.

Imprelis was to be a revolutionary herbicide. It was super-concentrated so it was easier to ship and was touted as being more environmentally-friendly. It was purchased in vast quantities across those regions of the country and spread to prevent sprawling plants like creeping charlie and other shallow-rooted plants from spoiling the look of manicured lawns. Soon after it was applied, plants and trees like Norway spruces and eastern white pines, conifers, willows, poplars, and Deodora Cedar were beginning to show signs of poor health, yellowing or losing buds. Eventually, the trees and plants died and needed to be removed and replaced. Many of these species are not specifically native to their area and all feature shallow roots. It is believed DuPont did not conduct proper pre-market testing on these species before releasing Imprelis on the market and after months of speculation as to what could have led to the failures of it, the company admitted that Imprelis was ultimately responsible for the deaths of hundreds of thousands of trees.

In some instances, the toxic effects of Imprelis were enough to fell long-standing, 60-year old trees and replacing such an item in a lawn or park can cost tens of thousands of dollars, alone. Class-action lawsuits were filed in Michigan and Ohio to handle the heavy caseload of claims related to Imprelis damages.

Like the dearth of information prior to the release of Imprelis, there is just as little information on the potential lingering effects of Imprelis, such as its ability to remain in soils where potential replacement trees and plants will be placed. Also unknown is if more plant and tree deaths were the result of this herbicide. One Ohio landscaper told The Times that Imprelis’ toxic effects have spread in lawns they manage since making initial claims more than a year ago on several dead trees.

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Imprelis Judge to Hear Evidence Preservation Arguments Today http://www.yourlawyer.com/articles/title/imprelis-judge-to-hear-evidence-preservation-arguments-today-1 Tue, 20 Sep 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/imprelis-judge-to-hear-evidence-preservation-arguments-today-1 A federal judge in Delaware will hear arguments today over a proposed injunction that would require DuPont to notify property owners and landscapers of the appropriate way to preserve evidence of damage caused by its now-banned Imprelis  herbicide.  The injunction is being sought by plaintiffs’ attorneys in a consolidated case involving six Imprelis lawsuits.

In August, the U.S. Environmental Protection Agency (EPA) formally banned sales of Imprelis after data provided by DuPont confirmed that certain coniferous trees, including Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis. DuPont later sent customers a letter with information about its Imprelis recall. Among other things, the letter stated that DuPont has established partnerships with several tree companies contracted to help customers with tree removal and disposal procedures.

The plaintiffs' motion, filed on August 22,  states that "evidence that may be necessary to prove which trees it injured and killed, and the amount of damages that resulted, is dissipating with each passing day and may be unwittingly destroyed as trees are replaced."  According to the Associated Press, they argue that the proposed injunction is needed to prevent victims of Imprelis tree damage from unknowingly disposing of important evidence.  DuPont, however, is seeking to block the injunction, saying it shouldn't assist in preserving evidence that might be used against it in Imprelis lawsuits.

Meanwhile, an Imprelis ban has been issued in the state of Indiana that prevents lawn care professionals from distributing the tree-killing herbicide.  Under the Indiana order, lawn care professionals may only return Imprelis to DuPont.

"This is a way to plug any holes, because the EPA order technically applied only to DuPont," Dave Scott, pesticide administrator with the Indiana State Chemists Office, told TheIndyChannel.com. 


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Imprelis Lawyers Headed to Court Over Evidence Preservation http://www.yourlawyer.com/articles/title/imprelis-lawyers-headed-to-court-over-evidence-preservation-1 Wed, 31 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/imprelis-lawyers-headed-to-court-over-evidence-preservation-1 Lawyers for Imprelis victims want a court to require that DuPont notify property owners and landscapers of the appropriate way to preseve evidence of damage caused by the banned herbicide. A group of attorneys in six combined Imprelis lawsuits filed a motion with the U.S. District Court in Delaware seeking a preliminary injunction against DuPont. A hearing on the motion is scheduled for September 20.

DuPont announced on August 4 that it would suspend sales of Imprelis, and said that it was working on a refund and return program for its customers. A week later, the U.S. Environmental Protection Agency (EPA) formally banned sales ofImprelis after data provided by DuPont confirmed that certain coniferous trees, including Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis.

Just last week, DuPont sent customers a letter with information about its  Imprelis recall. Among other things, the letter stated that DuPont has established partnerships with several tree companies contracted to help customers with tree removal and disposal procedures.

The plaintiffs' motion was filed on August 22. It states that "evidence that may be necessary to prove which trees it injured and killed, and the amount of damages that resulted, is dissipating with each passing day and may be unwittingly destroyed as trees are replaced."

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Property Owners, Landscapers Wait for Imprelis Answers from Dupont http://www.yourlawyer.com/articles/title/property-owners-landscapers-wait-for-imprelis-answers-from-dupont Thu, 25 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/property-owners-landscapers-wait-for-imprelis-answers-from-dupont It's been three weeks since DuPont announced that it would recall Imprelis, an herbicide that has been blamed for the deaths of hundreds of evergreen trees. However, Imprelis customers are still waiting to learn the details of the recall, and property owners who have lost trees to the herbicide have not been given information on what DuPont plans to do to compensate them.

DuPont announced on August 4 that it would suspend sales of Imprelis, and said that it was working on a refund and return program for its customers. A week later, the U.S. Environmental Protection Agency (EPA) formally banned sales ofImprelis after data provided by DuPont confirmed that certain coniferous trees, including Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis.

Now, customers and property owners are waiting on DuPont's next steps. Landscapers are worried that if DuPont doesn't make things right with them or their clients, it will cost them dearly.

"It's horrible," Terry Wagenschutz of Wagenschutz Lawn Spraying told the Detroit Free Press. "It's an absolute nightmare."

Even if his insurance pays for his Imprelis-damaged trees, the Michigan landscaper said his deductibles could total well over $100,000.

Property owners who have lost trees to Imprelis say they expect to be made whole. Jerry Richart, of Troy, Michigan, told the Free Press wants comparable trees for the 40-foot evergreens that are dying on his property, and he wants everything paid for, including the removal of the dead trees and planting of new ones. He also said he doesn't trust DuPont, and would rather give his lawn care service the chance to make things right.

A DuPont spokesperson told the Free Press that the company is working out the return and refund program that it hopes to start soon. She also said the company has sent out 20 arborist companies to evaluate "our customers' problems." However, major questions, including how trees will be valued and replace, still remain unanswered.

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DuPont Tried to Shift Blame for Imprelis Tree Deaths, Attorney Charges http://www.yourlawyer.com/articles/title/dupont-tried-to-shift-blame-for-imprelis-tree-deaths-attorney-charges Thu, 18 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/dupont-tried-to-shift-blame-for-imprelis-tree-deaths-attorney-charges DuPont waited too long to take responsibility for tree deaths blamed on its now-banned Imprelis herbicide, according to a partner with Parker Waichman LLP.   The firm is currently representing plaintiffs in about a dozen Imprelis lawsuits, and plans to file more in the near future.

“They tried to shift the blame and said ‘It’s not us.’ The landscapers didn’t follow directions or they mixed it with other herbicides, or they tried to blame it on the weather," Jordan Chaikin of Parker Waichman LLP told Biocycle.  "That’s nonsense. Manufacturers are always shifting blame and looking to point a finger.”

Chaikin also denied DuPont's assertion that its August 4 decision to pull Imprelis from the market was voluntary, pointing out that the U.S. Environmental Protection Agency (EPA) had already threatened to issue an Imprelis stop-sale order in a letter to DuPont dated August 3.

Parker Waichman LLP has filed Imprelis lawsuits on behalf of client groups in Ohio, Michigan, Indiana, Iowa, and Minnesota and plans to file additional actions in Wisconsin, Illinois, Kansas and South Dakota.  According to Chaikin, the epicenter o the catastrophe appears to be the state of Ohio.

"We have one Ohio homeowner who planted a tree 50 years ago when her daughter was born. It sits in middle of her property and is dying because of Imprelis,” he said.

DuPont and the EPA had both begun Imprelis investigations earlier this summer, after receiving reports that evergreen trees had been damaged, and in some cases killed, after Imprelis was applied to nearby lawns.   Imprelis, which DuPont began marketing last year, was supposed to be an environmentally safe solution for controlling broadleaf weeds.  It was not sold over the counter, but was only available to licensed landscapers.

Reported Imprelis side effects include twisting and curling, possibly followed by browning of needles, shoots and branch tips. While most damage reports involve coniferous trees, such as white pine and Norway spruce, injury has also been seen on other ornamental plants and deciduous trees, according to one alert issued by the Minnesota Department of Agriculture.

At least 18 Imprelis lawsuits are pending in federal courts in Delaware, Indiana, Iowa, Kansas, Minnesota, New Jersey, Ohio, Pennsylvania, Utah and Wisconsin. The Judicial Panel on Multidistrict Litigation announced earlier this week that it will convene a hearing on September to consider consolidation of Imprelis lawsuits to a single case.

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Imprelis Treated Grass Clippings Not Fit to Mulch http://www.yourlawyer.com/articles/title/imprelis-treated-grass-clippings-not-fit-to-mulch Wed, 17 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/imprelis-treated-grass-clippings-not-fit-to-mulch Gardeners who compost might want to make sure any grass clippings they mulch haven't been treated with DuPont's Imprelis herbicide.  According to a warning from the Minnesota Department of Agriculture, such grass clippings may contain enough Imprelis to cause damage to trees.

“Homeowners should not spread Imprelis-treated grass clippings near trees, other ornamental plants or gardens," Pesticide and Fertilizer Division Director Greg Buzicky said in a posting on the Department's website.  “If clippings are not left on the lawn, they can be disposed of in the trash, but only where allowed by local yard waste regulations. Clippings should not be added to garden compost or collected for composting facilities.”

Last Thursday, the Environmental Protection Agency (EPA) officially issued DuPont a Stop Sale, Use or Removal Order (SSURO) after data provided by DuPont confirmed that certain coniferous trees, including Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis.  A week prior, DuPont had announced it would voluntarily stop selling Imprelis, and establish a recall and return program for its customers.

DuPont and the EPA had both begun Imprelis investigations earlier this summer, after receiving reports that evergreen trees had been damaged, and in some cases killed, after Imprelis was applied to nearby lawns.  Reported symptoms included twisting and curling, possibly followed by browning of needles, shoots and branch tips. While most damage reports involve coniferous trees, such as white pine and Norway spruce, injury has also been seen on other ornamental plants and deciduous trees, according to the Minnesota Department of Agriculture.

Imprelis, which DuPont began marketing last year, was supposed to be an environmentally safe solution for controlling broadleaf weeds.  It was not sold over the counter, but was only available to licensed landscapers.

At least 18 Imprelis lawsuits are pending in federal courts in Delaware, Indiana, Iowa, Kansas, Minnesota, New Jersey, Ohio, Pennsylvania, Utah and Wisconsin. The Judicial Panel on Multidistrict Litigation announced yesterday that it will convene a hearing on September to consider consolidation of Imprelis lawsuits to a single case.

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Hearing to Consolidate Imprelis Lawsuits Scheduled for September http://www.yourlawyer.com/articles/title/hearing-to-consolidate-imprelis-lawsuits-scheduled-for-september-1 Tue, 16 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/hearing-to-consolidate-imprelis-lawsuits-scheduled-for-september-1 The Judicial Panel on Multidistrict Litigation has scheduled a hearing for September 27 in Philadelphia, Pennsylvania to consider consolidating  all federal Imprelis tree death and damage lawsuits in a multidistrict litigation (MDL) in one federal court.  There are currently 18 Imprelis lawsuits pending against DuPont in federal courts through the U.S.

Imprelis lawsuits claim that DuPont's herbicide caused extensive and permanent damage to plaintiffs’ trees, lawns and gardens.  They accuse DuPont of, among other things, negligence and fraud in the marketing of Imprelis, and seek various damages, including the cost of replacing trees allegedly killed by Imprelis.

Of the 18 Imprelis lawsuits currently pending in federal courts, five were filed in Delaware;  two each were filed in the states of  Indiana,  Iowa, Minnesota and Ohio;  and one each was brought Kansas, New Jersey, Pennsylvania, Utah and Wisconsin. 

Three plaintiffs - two from Delaware and one from Ohio - moved for the consolidation.  The Delaware plaintiffs are seeking to have the litigation transferred to the U.S. District Court for the District of Delaware.  Luanne Miller, lead plaintiff in the Ohio lawsuit, has requested consolidation in U.S. District Court for the Northern District of Ohio.  One of the Delaware plaintiffs requesting consolidation has also suggested the District of New Jersey as an alternative venue.

An MDL allows lawsuits associated with a particular product to be coordinated under one judge for pretrial litigation to avoid duplicative discovery, inconsistent rulings and to conserve the resources of the parties, witnesses and the court. When lawsuits are consolidated as a multidistrict litigation, each retains its own identity. If the multidistrict litigation process does not resolve the cases, they are transferred back to the court where they originated for trial.

DuPont marketed Imprelis, which was only available to licensed turf management professionals, as an environmentally friendly way to eliminate broadleaf weeds.   Approved last October, DuPont's promises induced landscapers throughout the country to switch to Imprelis this spring.  According to The Columbus Dispatch, industry sources estimate that in central Ohio, for example, 75 percent of landscapers and golf courses switched to Imprelis.

By Memorial Day, however, reports began to crop up around the country of tree damage that followed Imprelis application. In June, several extension services issued warnings about Imprelis.   By August 4, DuPont announced it would voluntarily stop selling Imprelis, and was working on a refund and return program for its customers.  Last Thursday, the U.S. Environmental Protection Agency  issued a stop sale order for the herbicide, after data provided by DuPont confirmed that certain coniferous trees, including Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis.

Parker Waichman LLP, LLP, one of the law firms representing Ohio plaintiff Luanne Miller, has filed a dozen Imprelis lawsuits against DuPont in federal courts across the Midwest, and more are pending.  A partner with the firm recently told the New York Times that damages from the Imprelis litigation could exceed a billion dollars.

"You are talking about a lot of people who have dead trees 40 to 50 feet tall, 30 or 50 years old that each cost $20,000 or $25,000 to replace," Jordan Chaikin said.


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Imprelis Ban Raises Questions about EPA Oversight http://www.yourlawyer.com/articles/title/imprelis-ban-raises-questions-about-epa-oversight-1 Mon, 15 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/imprelis-ban-raises-questions-about-epa-oversight-1 DuPont's Imprelis herbicide, blamed for causing damage and death to thousands of evergreen trees in Minnesota, Michigan, Indiana, Ohio, Pennsylvania, New Jersey and Wisconsin, was finally banned by the U.S. Environmental Protection Agency (EPA) last week.  While the ban is good news, many are wondering how a product so damaging to trees was ever allowed on the market to begin with.

DuPont marketed Imprelis, which was only available to licensed turf management professionals, as an environmentally friendly way to eliminate broadleaf weeds.   Approved last October, DuPont's promises induced landscapers throughout the country to switch to Imprelis this spring.  According to The Columbus Dispatch, industry sources estimate that in central Ohio, for example, 75 percent of landscapers and golf courses switched to Imprelis.

By Memorial Day, reports began to crop up around the country of tree damage that followed Imprelis application. In June, several extension services issued warnings about Imprelis.  The damage was extensive, with Ohio landscaper Mark Wehinger telling the Dispatch that Imprelis e was lawn-care industry's Hurricane Katrina.  Wehinger, a partner in the Dublin, Ohio lawn-care company Environmental Management, estimated that the herbicide has killed more than 1,000 of his customers' trees.

Most landscapers were pretty sure the problems they were seeing - yellowing, browning and curling o new growth, as well as massive needle loss - was the result of their use of Imprelis.

"The only thing that changed this year was the Imprelis, so we're confident that is the sole reason we have some of the damage,” Devon Stanley, maintenance-division manager of Benchmark Landscape Construction in Plain City, Ohio, told the Dispatch.

Extension services reached similar conclusions, with  Ohio State University issuing a bulletin that stating that "a common denominator of this particular damage on these samples appears to be ... Imprelis."

By August 4, DuPont announced it would voluntarily stop selling Imprelis, and was working on a refund and return program for its customers.  Last Thursday, the EPA issued a stop sale order for the herbicide, after data provided by DuPont confirmed that certain coniferous trees, including Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis.

So how did something so destructive make it to the market in the first place?  According to a report from “Insects in the City,” a blog published by the Texas A&M Extension service, products like Imprelis are tested on a variety of tree species and under a variety of conditions, but not on all species under all conditions. As a result, problems with these types of products often don’t become apparent until they have been on the market for months. 

According to a report published by The New York Times last month, the EPA reviewed Imprelis for 23 months before granting it conditional approval, meaning that all of the safety data was not yet in but the agency judged Imprelis to be a good product. DuPont says Imprelis went through about 400 trials, including tests on conifers, and performed without problem.

Unfortunately, it's not unusual for such testing to miss big problems.  “Testing for all products continues even after a pesticide has been registered and sold,” according to "Insects in the City."   To some extent, “real world testing is always going to be more comprehensive and rigorous than the pre-registration screening process.”


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EPA Orders Imprelis Ban http://www.yourlawyer.com/articles/title/epa-orders-imprelis-ban-1 Thu, 11 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/epa-orders-imprelis-ban-1 There is more bad news today for DuPont on the Imprelis front.  The U.S. Environmental Protection Agency (EPA) has formally banned sales of the allegedly tree-killing herbicide, issuing DuPont a Stop Sale, Use or Removal Order (SSURO) yesterday.

The SSURO was issued after data provided by DuPont confirmed that  certain coniferous trees, including  Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis, the EPA said in a statement on its website.  The order was issued under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which requires the registration of pesticide products and pesticide-production facilities, and the proper labeling of pesticides.

The EPA said it is investigating whether Imprelis tree death and damage is the result of product misuse, inadequate warnings and use directions on the product’s label, persistence in soil and plant material, uptake of the product through the root systems and absorbed into the plant tissue, environmental factors, potential runoff issues or other possible causes. It's not known if Imprelis will be allowed to return to market once the EPA finishes its review.

DuPont brought Imprelis to market last fall, touting it as an "innovative solution to control a wide spectrum of broadleaf weeds,” including dandelion, clover and wild violet.  But shortly after Memorial Day, landscapers and property owners throughout the country began complaining that trees on their lawns were damaged or had died following Imprelis applications.  By June, both DuPont and the EPA were investigating the problem. 

On August 4, DuPont voluntarily halted the sale of Imprelis and announced it would soon establish return and refund program for its customers.

In the past several weeks, scores of property owners have filed lawsuits to obtain compensation for the trees they allegedly lost to Imprelis.  The national law firm of Parker Waichman LLP, LLP has filed a dozen Imprelis lawsuits against DuPont in federal courts across the Midwest, and more are pending.

“We expect at the end of the day there’s going to be more than a billion dollars of damage or as much as several billion,” Jordan Chaikin, a partner in the firm, told The New York Times. “You are talking about a lot of people who have dead trees 40 to 50 feet tall, 30 or 50 years old that each cost $20,000 or $25,000 to replace.”




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DuPont Discussing Imprelis Recall with EPA http://www.yourlawyer.com/articles/title/dupont-discussing-imprelis-recall-with-epa Thu, 04 Aug 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/dupont-discussing-imprelis-recall-with-epa DuPont is in talks with the U.S. Environmental Protection Agency (EPA) to stop sales and recall its Imprelis herbicide.  Imprelis, which DuPont brought to market last fall, has been blamed for the deaths of landscape trees, especially Norway spruce, white pines and other conifers.

Imprelis tree damage is marked by curling and browning, especially on new growth.  In scores of cases, mature landscape trees have died following Imprelis applications.   According to DuPont, Imprelis problems appear to be concentrated in Minnesota, Michigan, Indiana, Ohio, Pennsylvania, New Jersey and Wisconsin.

DuPont has already been named in several Imprelis class action lawsuits by property owners who have lost trees to the herbicide.  Parker Waichman LLP and its partner firms have already filed three such Imprelis class action lawsuits, two in Iowa and one in Ohio.  The lawsuits seek, among other things, compensation from DuPont to replace damaged trees.

This afternoon, DuPont issued a statement saying it was consulting with the EPA to  "determine the appropriate path forward including the most effective way to implement our recommendation of a voluntary suspension of sale of DuPont Imprelis herbicide, and a product return and refund program. “  The company also acknowledged that it had received letters from the EPA urging it to release thousands of confidential documents on Imprelis’ safety and effectiveness. 

According to a report from the Detroit Free Press, DuPont is set to meet with the EPA next week, and the agency has confirmed it is preparing a “stop sale order” to take Imprelis off the market.

Imprelis received a conditional approval from the EPA last October.  DuPont marketed the herbicide, which was only sold to professional landscapers, as "the most scientifically advanced turf herbicide in over 40 years.”  The company promised Imprelis was an environmentally safe way to eliminate broadleaf weeds, including dandelion, clover, plantains, wild violet and ground ivy.  But around Memorial Day, complaints about tree damage and death following Imprelis applications began to sprout up around the country.  By June, several extension services issued alerts about Imprelis, and DuPont acknowledged receiving complaints.

The EPA began an expedited review of Imprelis last month.  Last week, DuPont said that based on its own review, “we have observed tree injuries associated with Imprelis, primarily on Norway spruce and white pine trees.”




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Parker Waichman LLP Files Second Imprelis Class Action Lawsuit http://www.yourlawyer.com/articles/title/parker-waichman-llp-files-second-imprelis-class-action-lawsuit Thu, 28 Jul 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/parker-waichman-llp-files-second-imprelis-class-action-lawsuit Parker Waichman LLP and its partner firms have filed a second class action lawsuit claiming DuPont's Imprelis herbicide caused damage to landscape trees.  The Imprelis lawsuit was filed in U.S. District Court for the Northern District of Iowa, Cedar Rapids Division, and seeks damages from DuPont on behalf of any property owner who sustained damage as a result of Imprelis. 

The lead plaintiffs in the Imprelis class action lawsuit are Daryl and Mary Ann Haley.   They are seeking injunctive relief barring DuPont from continued sale of Imprelis, and compensatory and other damages including the cost of replacing trees damaged by Imprelis. 

The Haley's lawsuit alleges that Imprelis is a "frighteningly effective tree killer," and that "thousands of trees have been reported as being infected by Imprelis, and tens of thousands more reports are expected in the future.” The Haley's lawsuit charges DuPont with, among other things, negligence and breach of implied warranty. 

Just yesterday, DuPont issued a letter to turf management professionals acknowledging its own investigation had found tree injuries associated with Imprelis, primarily on Norway spruce and white pine trees.  The problems are concentrated in Minnesota, Michigan, Indiana, Ohio, Pennsylvania, New Jersey and Wisconsin, the letter said. The letter promised to work with recipients to "promptly and fairly resolve problems associated with our product," and announced the launch of the Imprelis-Facts website, as well as a toll-free number for information that will go online next week.

Imprelis, which is sold exclusively to licensed landscapers, was only brought to market last October.  It is used to eliminate broadleaf weeds, and was touted by DuPont as being environmentally safe and an "innovative solution to control a wide spectrum of broadleaf weeds."   However, by Memorial Day, turf professionals around the country began reporting damaged and dying trees on lawns were Imprelis was sprayed.  By June, extension services in Pennsylvania, Ohio, Indiana and Michigan had issued alerts about Imprelis, and the U.S. Environmental Protection Agency (EPA) was preparing to launch an "expedited" review of Imprelis.

Just last week, Parker Waichman LLP and it  partner firms filed their first Imprelis lawsuit in U.S. District Court for the Northern District of Ohio, Eastern Division on behalf of an Ohio property owner.  The group expects to file additional Imprelis tree poisoning claims in the near future.



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Parker Waichman LLP Files Imprelis Class Action Lawsuit on Behalf of Ohio Property Owner http://www.yourlawyer.com/articles/title/parker-waichman-alonso-llp-files-imprelis-class-action-lawsuit-on-behalf-of-ohio-property-owner-1 Mon, 25 Jul 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/parker-waichman-alonso-llp-files-imprelis-class-action-lawsuit-on-behalf-of-ohio-property-owner-1 Parker Waichman LLP is one of several firms representing plaintiffs in an Imprelis class action lawsuit.  The lawsuit, filed in U.S. District Court of the Northern District of Ohio, Eastern Division, seeks to represent anyone who has sustained significant damage to mature landscape trees, especially Norway spruce and others with shallow roots systems, including willows, poplars and conifers.

Luanne Miller, a property owner in Seven Hills, Ohio, is lead plaintiff in the Imprelis class action lawsuit.  The complaint accuses DuPont, the maker of Imprelis, of fraud and negligence. 

According to the lawsuit, Imprelis was applied to Miller’s property on several separate occasions in accordance with directions and instructions supplied by DuPont.  The complaint alleges that as a result of the Imprelis applications, Miller suffered significant damage and harm to trees, and will continue to suffer even further damage to her lawn and garden because of Imprelis.  The lawsuit further alleges that rather than being isolated incidents, thousands of trees have been reported as being infected by Imprelis, and tens of thousands more reports are expected in the future.  

Imprelis, brought to market by DuPont in 2010, is designed to kill broadleaf weeds, including dandelion, clover and wild violet.  Imprelis is only available to landscapers and professional gardeners, and is touted by DuPont as an environmentally-friendly herbicide and an "innovative solution to control a wide spectrum of broadleaf weeds." 

Property owners and landscapers from around the country began reporting Imprelis tree damage  around Memorial Day.  By June, extension services in Pennsylvania, Michigan, Ohio, and Indiana issued alerts about tree damage and death possibly linked with Imprelis.  Now, the U.S. Environmental Protection Agency (EPA) is investigating, and has promised an expedited review of Imprelis.  According to the EPA, it has received complaints about Imprelis from Minnesota, Indiana, Illinois, Ohio, Michigan, Pennsylvania, Maryland, Virginia, Delaware, Wisconsin and West Virginia. 

DuPont Professional Products acknowledged receiving reports of tree deaths and damage possibly associated with Imprelis in a letter to turf management professionals dated June 17.   The company said it is investigating the reports, and has cautioned that Imprelis not be sprayed near Norway spruce or white pine, or in places where the product might drift toward such trees or run off toward their roots.

Parker Waichman LLP continues to receive reports regarding Imprelis tree death and damage.  The firm is investigating these complaints, and expects to file other Imprelis lawsuits in the near future.






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DuPont Hit with another Imprelis Lawsuit http://www.yourlawyer.com/articles/title/dupont-hit-with-another-imprelis-lawsuit Wed, 20 Jul 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/dupont-hit-with-another-imprelis-lawsuit 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.

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EPA Set to Investigate Imprelis http://www.yourlawyer.com/articles/title/epa-set-to-investigate-imprelis Mon, 18 Jul 2011 00:00:00 -0400 http://www.yourlawyer.com/articles/title/epa-set-to-investigate-imprelis DuPont and the Environmental Protection Agency (EPA) are investigating the herbicide Imprelis, after landscapers in several states reported incidents of tree death and damage that followed application of the weed killer.  Last month, DuPont warned professional gardeners and landscapers not to spray Imprelis near Norway Spruce or White Pine trees, and at least one class action lawsuit has been filed claiming the herbicide is responsible for killing thousands of trees throughout the country.

According to the Detroit Free Press, 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.  Incident reports are being collected from those states, and other states have been notified of the problem, the EPA said.  The agency is expected to launch an "expedited review" soon, the Free Press said, and could end up ordering label changes for Imprelis, require additional testing, or order the herbicide off the market.

Imprelis, which is only sold to landscapers and professional gardeners, only came on the market in 2010. Claims that it was environmentally safer than previous products soon prompted many commercial turf managers to switch to Imprelis, and the product is now commonly used on golf courses and lawns. 

But sometime around Memorial Day, Imprelis users began complaining that Imprelis was killing and damage evergreen trees, especially Norway Spruce and White Pine.  By June, extensions services in several had issued alerts about the reports.  An alert issued by the Michigan University Extension Service warned that: "Damaged trees have symptoms consistent with growth regulator type herbicides. Injury includes curling and twisting of new growth." According to the extension service, universities "from Kansas to Pennsylvania have reported injury to conifers associated with Imprelis application to turf and lawns.'

In a letter dated June 17, DuPont acknowledge the reports and said it was investigating the problem.  In addition to warning Imprelis users to avoid spraying it near Norway Spruce or White Pines, the letter also said to avoid spraying it in places where the product might drift toward such trees or run off toward their roots. 

Just last week, members of the Michigan Polo Fields Golf & Country Club LLC of Southfield, Michigan filed suit against DuPont  alleges that 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."  The lawsuit, filed in Delaware federal court, seeks class actions status on behalf of all users and purchasers of the herbicide.


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Dupont's Imprelis Herbicide Class Action Lawsuit, Damaged & Dead Trees Side Effects | Norway Spruce, White Pine, Willows, Conifers | Mature Trees, Low Root System http://www.yourlawyer.com/topics/overview/Imprelis-DuPont-herbicide-tree-death-side-effects-lawsuit Mon, 18 Jul 2011 00:00:00 -0400 http://www.yourlawyer.com/topics/overview/Imprelis-DuPont-herbicide-tree-death-side-effects-lawsuit Dupont's Imprelis Herbicide Lawsuit Alleges Damaged, Dead Trees in Michigan & Ohio, other state Class Action Lawsuits Pending

DuPont Imprelis Herbicide | Lawsuit, Lawyer | Norway Spruce, Eastern White Pine Tree, Conifers, Willows, Poplars and Deodora Cedars Deaths and Damage Across U.S.A., Lethal Damage to Mature Trees, Browning Of Leaf Tips, Evergreen Trees Threatened, Tree Farm Destruction, Christmas Tree Farm Damage

Images of Trees reported to be damaged by DuPont's Imprelis Herbicide

September 28, 2011: According to an article posted in Huffington Post Green, the active ingredient in DuPont's Imprelis (aminocyclopyrachlor) is one of the pyridine family of herbicides that does not break down in compost. An Imprelis label states that clippings from Imprelis treated areas should not be used for mulch or compost.

EPA Bans DuPont Imprelis Herbicide

EPA Bans DuPont Imprelis Herbicide

Imprelis, a new herbicide used by lawn care professionals this spring, is suspected to be the cause of damage to thousands of white pines and Norway spruces nationwide.

The New York Times reported on August 12, 2011 that the E.P.A. has banned the sale of DuPont's Imprelis Herbicide. Jordan Chaikin, a partner at our law firm was quoted in the article: "We expect at the end of the day there's going to be more than a billion dollars of damage or as much as several billion," Mr. Chaikin also stated, "You are talking about a lot of people who have dead trees 40 to 50 feet tall, 30 or 50 years old that each cost $20,000 or $25,000 to replace."

On August 11, 2011, the U.S. Environmental Protection Agency (EPA) banned sales of Imprelis herbicide by issuing DuPont a Stop Sale, Use or Removal Order (SSURO). The EPA decided to act after DuPont's own data confirmed that certain coniferous trees, including Norway spruce, white pine and balsam fir, were susceptible to being damaged or killed by the application of Imprelis. At the time the order was announced, the EPA said DuPont had submitted over 7,000 adverse incident reports involving damage (including death) to non-target trees related to the application of Imprelis.

The EPA's SSURO followed DuPont's August 4 announcement that it was voluntarily suspending sales of Imprelis. DuPont also announced at that time that it would soon conduct a product return and refund program for Imprelis customers. A day prior to the DuPont's Imprelis recall announcement, the EPA sent the company a letter informing it that it was considering issuing a stop-sale order for Imprelis.

The Imprelis stop-sale order was issued under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Act, a federal law that requires the registration of pesticide products and pesticide-production facilities, and the proper labeling of pesticides. In a statement posted on its website, the EPA said it was investigating whether reported Imprelis side effects were the result of product misuse, inadequate warnings and use directions on the product’s label, persistence in soil and plant material, uptake of the product through the root systems and absorbed into the plant tissue, environmental factors, potential runoff issues or other possible causes.

Trees Allegedly Damaged by Imprelis Herbicide

example of a White Pine Tree

This is a White Pine Tree that has been damaged by DuPont's Imprelis herbicide. Photo: Google Images

DuPont Imprelis Herbicide Suspected in Damaged, Dead Trees Tree Affected By Herbicide.

A Norway spruce shown with damage from a "low environmental impact" weed killer. Photo: Purdue University

DuPont Imprelis suspected of killing trees

This is an example of tree that has been damaged by use from a "low environmental impact" weed killer.
















Additional Images of Trees that may also be in danger from DuPont's Imprelis Herbicide

DuPont Admits Imprelis Herbicide Damaged Trees

July 28,2011: Dupont, the maker of the Imprelis herbicide that has been reported being responsible for the death or damage to numerous Norway spruce, Eastern White Pine and other shallow root system trees has issued a statement admitting to tree injuries associated with Imprelis herbicide. Dupont has also established a addressing Imprelis tree injury problems.

Dupont's Imprelis herbicide, a supposedly "environmentally safe” weed killer is suspected of causing the deaths of thousands of trees, including Norway spruces and eastern white pines, conifers, willows, poplars and Deodora Cedar and more. Substantial tree damage that may be linked to Imprelis has been reported throughout the Midwest, in East Coast states, and as far south as Georgia. The tree deaths have already prompted the U.S. Environmental Protection Agency (EPA) to announce that it will undertake an "expedited review" of the Imprelis herbicide. Class action lawsuits have been filed over alleged Imprelis herbicide tree deaths in Michigan and Ohio, and it is likely that more state class action lawsuits will soon follow.

Parker Waichman LLP attorneys specializing in Imprelis herbicide tree deaths are investigating complaints and potential class action lawsuits by landscapers and property owners that use of this herbicide on lawns has damaged and led to the death of nearby trees. If you have experienced dead or damaged trees that you believe could be linked to the use of Imprelis, you may be entitled to compensation. It is vital that you contact one of our lawyers investigating Imprelis tree damage immediately to protect your legal rights or call Parker Waichman LLP at 1-800-YOURLAWYER(1-800-968-7529).

Imprelis Tree Death & Damage Reports

Dupont Imprelis herbicide, was brought to market in October of 2010, is used for killing broadleaf weeds like dandelion and clover and is sold to lawn care professionals only. DuPont marketed Imprelis as “the most advanced turf herbicide in over 40 years," and claimed the herbicide was safer for the environment than 2,4-D Dichlorophenoxyacetic acid (known as 2,4-D) and other older herbicides. These promises convinced many landscapers and professional gardeners to switch to Imprelis.

Landscapers who used Imprelis began reporting dead and damaged trees around Memorial Day 2011, prompting DuPont to launch an investigation. For now, the company is warning landscapers not to use Imprelis near spruces or white pines, and to avoid using it in places where the product might drift toward such trees or run off toward their roots. Wilting and browning leaves at the end of branches is the most obvious symptom of Imprelis tree damage, however curling and twisting of new growth has also been observed. According to a New York Times report, Imprelis seems to affect trees with shallow root systems, including willows, poplars and conifers.

Trees in Danger of Death or Damage by Imprelis Herbicide

The following is a list of shallow root system trees that seem to be affected most by the use of Imprelis herbicide:

  • Norway Spruce: A large evergreen coniferous tree. It is an importnant timber and ornamental tree native to Northern Europe and is used in reforestation both there and in North America.
  • Deodora Cedar: An excellent evergreen with graceful pendulous branches. They are tall trees with large trunks and massive, irregular heads of spreading heads.
  • Balsam Fir: A North American fir, a small to medium size evergreen tree 46-66 feet tall with a narrow conic crown.
  • Willow Trees: Graceful and refined, easily recognized by its open crown of ground-sweeping branches.
  • Conifer Trees: Conifers or softwoods are classed as gymnosperms or plants with naked seeds not enclosed in an ovary. They have needle leaves and pollen with bladders.
  • Poplar Trees: Any of several species of trees belonging to the willow family, containing 35 species of trees. They are native to North America and divided into three main groups, cottonwoods, aspens and poplars.
  • Eastern White Pine: A large pine native to eastern North America, also known as White Pine, Northern White Pine, Soft Pine and Weymouth Pine in the U.K.

Landscapers and property owners who have reported Imprelis tree death and damage are now faced with the prospect of spending thousands of dollars to replace dead or damaged trees. One landscaper told The New York Times that he had already spent $150,000 to replace customers' trees that may have been damaged by Imprelis. The executive director of the Michigan Nursery and Landscape Association reported that one member was looking to replace 1,000 damaged trees. The livelihoods of many landscapers could be threatened if their insurance will not cover the cost of tree replacement.

Additional Trees Allegedly Damaged by Imprelis

Imprelis Damaged Tree

DuPont's Imprelis herbicide is damaging shallow root trees.

DuPont Imprelis Herbicide Suspected of Damaging, Killing Trees Tree Affected By Herbicide.

An example of another tree allegedly damaged by DuPont's Imprelis herbicide

Lawsuits allege DuPont Imprelis killed trees

Lawsuits have been filed that shallow root system trees have been killed by use of a "low environmental impact" weed killer, such as DuPont's Imprelis.
















DuPont has already been named in one class action lawsuit that alleges Imprelis caused unintended damage to trees at the Polo Fields Golf & Country Club in Southfield, Michigan. The complaint alleges that Imprelis has 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."

The EPA has also said it has received reports from "numerous states" about problems with Imprelis. In July 2011, the agency acknowledged that it was preparing to begin an investigation to determine whether changes are needed in how Imprelis is used.

Imprelis Herbicide Users and Purchasers - Legal Help

If DuPont's Imprelis herbicide has been used on your lawn, and nearby trees have died or been damaged since its application, you may have valuable legal rights. To learn how our Imprelis tree death attorneys can help you obtain compensation, please fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529) today.bold;">Ohio, and it is likely that more state class action lawsuits will soon follow.

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