Dicamba Pesticide Lawsuit

Monsanto’s dicamba, a pesticide used under the name XtendiMax with Vapor Grip, has drifted onto neighboring properties – farms, fields, gardens, lawns – killing indiscriminately. Dicamba kills green growing plants not genetically altered to withstand its toxic assault.  Farmers and homeowners affected by dicamba drift have filed lawsuits against Monsanto for destroying their crops and gardens.  Our law firm is handling these and other Monsanto lawsuits.

Monsanto blames Dicamba users

Monsanto has responded to “dicamba drift” problems by blaming dicamba users. The problem with that finger pointing is that Reuters and others have reported that farmers and experts are completely confused by Monsanto’s dicamba directions.  Monsanto also sold the dicamba seed before the dicamba herbicide (pesticide, same thing) had even been approved.  Some farmers used old concoctions of dicamba, which Monsanto had told them was forbidden; but there no other dicamba product was available to spray on the dicamba GMO seeds.

Related:  Arkansas Farmer Murdered in Monsanto Feud

Dicamba-resistant GMO seed and the dicamba poison itself represent the largest biotech rollout in Monsanto’s toxic history. Monsanto has already been the target of a lawsuit that alleges Monsanto encouraged buyers to purchase dicamba-resistant seeds before the dicamba herbicide had even been approved for use. Monsanto’s close relationship with government regulators – FDA and EPA employees who had previously worked for Monsanto or had close ties to it – apparently made Monsanto believe regulatory approval was a foregone conclusion. But it now appears Monsanto may have miscalculated just how fast it could get the EPA to rubberstamp its new dicamba poison. There was also an older dicamba version previously rubber stamped by regulators.  Many lawsuits have recently been filed against Monsanto as a result of non-dicamba-resistant fields being destroyed by dicamba drift.

A new lawsuit filed in Monsanto’s St. Louis home base adds to the total. The petition notes that Monsanto’s instructions for properly spraying dicamba are incredibly difficult, even impossible, to follow.  More than 4,500 words long, the instructions demand extremely strict application.

To properly spray dicamba, a farmer must:

•  know the exact wind speed and direction
•  have a specific pattern of spray nozzle
•  know the exact pounds-per-square-inch of nozzle pressure
•  adjust the size of the spray pattern depending on the precise temperature
•  not apply dicamba during a temperature inversion (which farmers have to test with a smoke generator)
•  triple-clean all equipment after every single use (a process that takes more than an hour)
•  and much more

Each crop has its own list of incredibly difficult directions.

Weed Management Expert:  Difficult Instructions
A weed management expert quoted in the dicamba lawsuit filed in St. Louis claims the instructions are “almost impossible” to follow.  Monsanto vice president of strategy, Scott Partridge, told Reuters that the label “uses very simple words and terms.”

Like most things related to Monsanto, there is a small grain of truth in Mr. Partridge’s dicamba defense.  The words used are not beyond the scope of anyone who can read, but using understandable words does not  translate into instructions that are easy to follow.  (As anyone who has ever assembled anything can attest.)  That’s a clear non sequitur.

In an email, a Monsanto representative told Modern Farmer: “It is very detailed but our customers are highly intelligent people who want specific, concrete instructions. They are very familiar with following a label.”

Mr. Partridge wisely compliments Monsanto’s customers with that statement for Monsanto’s defense, but it doesn’t mean those instructions are clear or practical to follow.  It also fails to defend Monsanto against charges that it sold the dicamba-resistant seeds to farmers when dicamba was not even available to use on them.

Dicamba Lawsuit – Pesticide Drift

If your property has sustained damaged due to dicamba drift, contact our Monsanto Lawsuit lawyers for a free legal consultation regarding a potential Dicamba Lawsuit over pesticide drift.