The U.S. Environmental Protection Agency (EPA) has issued an emergency ban on Dacthal weedkiller, which is also called DCPA, and is manufactured and sold exclusively by AMVAC Chemical Corp. This type of ban has not been issued in more than 40 years, which underscores the seriousness behind this decision.
According to the EPA, Dacthal weedkiller has been linked to an abnormally high rate of birth injuries among children born to women who were exposed to the product while pregnant. In some cases, the exposure to DCPA among pregnant women and their unborn children was 20 times higher than what the EPA considers a “safe” minimum amount for humans.
Birth injuries that have been linked to Dacthal exposure mainly include:
- Low birth weight
- Impaired brain development and cerebral palsy
- Impaired motor skills
“DCPA is so dangerous that it needs to be removed from the market immediately. […] It's EPA's job to protect people from exposure to dangerous chemicals. In this case, pregnant women who may never even know they were exposed could give birth to babies that experience irreversible lifelong health problems,” a spokesperson from the EPA explained in a news release as the ban was announced.
Where Was Dacthal Used?
Dacthal (DCPA) weedkiller has been used for decades as a weedkiller and pesticide. It is sprayed in agricultural, industrial, and commercial settings; private parties have also been able to purchase the product for lawn care use, typically on larger private properties.
Although Dacthal’s product warnings state that it is safe to walk through a field or area where it was sprayed after 12 hours of application, the EPA has brought to light evidence that states that unsafe DCPA levels last much longer than 12 hours. According to information released by the EPA, unsafe levels of DCPA may linger for 28 days or longer, meaning no one should move through a DCPA-treated area for just as long.
Furthermore, DCPA may be able to seep into the soil and groundwater sources due to how long it stays on crops and grasses. If so, it would explain why pregnant women who live near where Dacthal was used were exposed to it at unsafe levels despite never using the product themselves.
Who Can Sue for Dacthal Exposure?
Lawsuits against AMVAC Chemical Corp. have not yet formed but they are expected. As early as 2013, the EPA required the company to re-study Dacthal and prove that it was safe for its intended use. For this reason, the argument can be made that the manufacturer knew Dacthal was not safe, especially for pregnant women and unborn children, yet did nothing to warn them about the dangers. Such corporate negligence can be answered with legal action, such as lawsuits for product liability, toxic exposure, environmental injury, and so on.
Dacthal exposure claims will likely need to include these factors:
- Use of Dacthal for at least several weeks; or,
- Living near where Dacthal was used for an extended period; and,
- Child born with birth injuries that have been linked to Dacthal exposure.
At Denver Trial Lawyers®, our attorneys are currently investigating the Dacthal ban, reports of the weedkiller’s dangers, and how AMVAC Chemical Corp. allegedly did not take reasonable action to warn agricultural workers and residents near where this product was used. We can help clients nationwide, so please let us know if your child was born with a birth injury that you think was caused by your exposure to Dacthal or DCPA. Our award-winning trial attorneys can help you understand your legal options, which may include filing a claim against the product manufacturer for justice and compensation. The more people who come forward with complaints against AMVAC Chemical Corp., the stronger each case becomes, so it is important to speak up right away if you think you might have a valid Dacthal exposure claim.
Call (303) 647-9990 to request a free consultation with our attorneys about your case.
More Information
- “E.P.A. Pulls From the Market a Weedkiller Harmful to Fetuses” (The New York Times)
- “EPA issues emergency ban of weed killer Dacthal, citing risks to fetuses” (ABC 12 News)