Dacthal (DCPA) Pesticide Lawsuit
Dacthal pesticide attorneys are investigating DCPA lawsuits after the EPA issued an emergency order in August 2024 to immediately stop use of the pesticide to address serious health risks to unborn babies whose pregnant mothers are exposed to DCPA.
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- Defendant
- AMVAC Chemical Corp
- Status
- Lawyers are currently investigating lawsuits.
- Injuries
- Changes to fetal thyroid hormone levels linked to low birth weight, impaired brain development, decreased IQ and impaired motor skills later in life
Latest Dacthal Lawsuit Updates
On Aug. 6, 2024, the Environmental Protection Agency issued an emergency order suspending all uses and sales of Dacthal because the herbicide poses severe health risks to unborn babies.
Dacthal is the trade name for dimethyl tetrachloroterephthalate, or DCPA. AMVAC Chemical Corp. is the sole producer of the pesticide, which is often sprayed on vegetable crops and turf, such as golf courses and athletic fields.
Lawyers researching claims told Drugwatch that the product’s history is complex. For roughly 20 years, the EPA consistently requested AMVAC submit data on Dacthal’s health risks, including its effects on fetal development, and the pesticide maker failed to provide necessary safety studies.
The EPA’s requests for studies from AMVAC and the company’s delayed and incomplete responses may play a significant role in the context of Dacthal lawsuits. Specifically, lawyers say, it could impact the damages awarded to those injured by the company’s egregious conduct.
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August 2024
Lawyers began investigating lawsuits against Dacthal manufacturer AMVAC Chemical Corp after the EPA suspended DCPA’s registration to address severe health risks to unborn babies. The historic emergency order, the first of its kind in nearly 40 years, took effect immediately. On Aug. 21, AMVAC parent company American Vanguard announced that it had withdrawn the Dacthal registrations that the EPA had suspended a few weeks prior. The company included in its statement that it continues to question the EPA’s decision to suspend the registrations.
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April 2024
The EPA issued a warning of the significant health risks to pregnant women and their developing babies exposed to DCPA. The agency said it would pursue action to address “the serious, permanent and irreversible health risks associated with the pesticide as quickly as possible.” The EPA said it took this rare step of warning farmworkers and the public because of the significant risks it had identified. The EPA also issued a letter to AMVAC restating the risks the agency had found and its plans to pursue further action to protect workers and others who could be exposed.
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December 2023
AMVAC voluntarily canceled DCPA use on turf. However, the EPA reported that unacceptable risks from agricultural use remained.
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November 2023
AMVAC finally provided crucial safety data on Dacthal after prolonged requests from the EPA. However, AMVAC's response was not only slow but also incomplete. The information was not comprehensive and did not address the EPA's serious concerns about Dacthal's risks. Still, the agency lifted its suspension of the registration for the DCPA technical-grade product, which had been in effect for about three months.
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August 2023
The EPA suspended the registration for the DCPA technical-grade product. The agency called its action rare but necessary, given AMVAC’s delay in providing the data the agency had requested nearly a decade before.
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May 2023
The EPA released its assessment of the risks of occupational and residential exposure to products containing DCPA. The release followed the agency’s review of data it had compelled AMVAC to submit — data that had been overdue for almost a decade. It found concerning evidence of health risks associated with using and applying DCPA, even when people used personal protective equipment and engineering controls. The most serious risks extended to developing babies of pregnant women, including those living near where DCPA was used. The EPA also identified potential risks for people using golf courses and athletic fields where DCPA had been applied.
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April 2022
Based on AMVAC’s nearly 10-year failure to submit the complete set of data, including data on DCPA’s thyroid toxicity, the EPA issued a notice of intent to suspend the DCPA technical-grade product used to manufacture end-use products.
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October 2018
The University of California at Berkeley School of Public Health discovered that over 50% of teenage girls from farmworker communities in the Salinas Valley of California had encountered DCPA.
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2017
The USDA reported DCPA residue on 54.9% of kale samples and 4.5% on lettuce samples, raising concerns about pesticide contamination in food.
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2013
The EPA issued a data call-in requiring AMVAC to submit more than 20 studies to support its registrations of Dacthal. As part of this process, the agency requested data related to the pesticide’s potential impact on thyroid development. The EPA later noted that several of the studies submitted by AMVAC between 2013 and 2021 were considered insufficient to address the data call-in. Meanwhile, the thyroid study and other studies were not submitted at all.
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2009
The European Union banned Dacthal due to its health risks, particularly to fetuses.
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1999
The EPA began requesting detailed safety studies from AMVAC on Dacthal’s health risks, including effects on fetal development.
Attorneys believe had AMVAC collected and produced information about the health risks of Dacthal exposure from the onset — or even the first or second time the EPA requested the information — it could have prevented the serious impacts on children.
They say it’s very telling that, within a few months of receiving the data, the EPA took unprecedented action by issuing an emergency order for the first time in nearly 40 years.
Why Are Lawyers Investigating DCPA Lawsuits?
Our legal partners said they are investigating Dacthal pesticide lawsuits because of the shameful conduct of AMVAC, the seriousness of the health effects and the vulnerability of the pregnant women and babies affected. They say DCPA’s propensity to stick around sets it apart from other pesticides involved in lawsuits.
According to the EPA, levels of DCPA in treated fields remain at unsafe levels for 25 days or more. DCPA product labels specify that entry into treated fields must be restricted for 12 hours after application. However, the evidence indicates that for many crops and tasks, levels of DCPA in the previously treated fields remained at unsafe levels for three weeks or more.
The lack of vital information could have resulted in pregnant women being unwittingly exposed to hazardous levels of the pesticide, leading to impaired thyroid development in unborn babies. Lawsuits may seek compensation for the harm caused and advocate for stricter regulations to prevent similar issues in the future.
People whose babies were born with congenital injuries or developed health issues later in life may be eligible to file Dacthal lawsuits against AMVAC for its failure to provide sufficient warnings or safety data regarding the risks associated with Dacthal.
Who Is At Risk for Dacthal Exposure?
Pregnant women who enter or work in areas where DCPA has been applied have an exposure risk four to 20 times greater than what the DCPA product label use instructions indicate is considered safe, according to EPA estimates.
Farmworkers and post-application workers involved in tasks such as transplanting, weeding and harvesting are especially at risk.
The EPA also identified potential risks for people who use golf courses and athletic fields treated with DCPA. Lawyers say anyone who entered these areas within 30 days after DCPA was applied may be at risk.
DCPA also has the potential to remain in people’s food. Consumers may still be exposed to harmful residues, even after washing produce.
Lawyers are still determining the time period for exposure but say anyone who has been exposed to DCPA in the last 10 years may be eligible to file a lawsuit. Likewise, legal researchers are still learning about the types of crops affected, but our legal partners say it generally includes fruits and vegetables.
Spray drift from pesticide application could also put developing babies at risk for pregnant women living near areas where DCPA is used.
- Arizona
- California
- Colorado
- Wisconsin
- Michigan
- Ohio
- Oregon
- Texas
- Washington
In California, for example, the crops on which DCPA was most commonly used are broccoli, onions, cabbage, brussels sprouts, broccoli raab, bok choy, radishes, Chinese cabbage, cauliflower and kale. The top 10 California counties where DCPA was used in 2021 and 2022 are Monterey, Imperial, Fresno, Riverside, Santa Barbara, San Luis Obispo, Kern, Ventura, San Benito and Stanislaus. However, people in other counties where one or more of the above crops were grown may have been exposed as well.
According to our legal partners, Washington also has had continuous use of DCPA. Affected crops generally include fruits and vegetables.
In other states, such as Michigan and Ohio, lawyers have pinpointed DCPA use in the southeastern and northwestern areas of the states, respectively. The northern area of Ohio and the southern area of Texas are also among the areas where DCPA has been used in the past decade.
Who Is Eligible To File a DCPA Lawsuit?
Women who are pregnant and children who were born of women who were exposed to DCPA while in utero may be eligible to file a Dacthal lawsuit. Exposure can occur if a person is an applicator or lives or works on a farm or facility where DCPA is applied.
The EPA is concerned that pregnant women exposed to DCPA could experience changes to fetal thyroid hormone levels. These changes are linked to low birth weight, impaired brain development, decreased IQ and impaired motor skills later in life.
- Low Birth Weight
- Exposure to Dacthal can cause babies to be born with low birth weight. This condition can cause other health issues, such as an increased risk of developmental delays and long-term health problems.
- Impaired Brain Development
- Babies who were exposed to Dacthal in the womb may suffer from impaired brain development. This can result in decreased IQ, learning difficulties, and other cognitive impairments that affect their educational and developmental progress.
- Motor Skill Issues
- Children exposed to Dacthal before birth might experience problems with motor skills. These issues can affect their ability to perform everyday tasks and coordinate movements, impacting their quality of life.
Dacthal lawsuits will likely seek compensation for the damages caused by these health impacts, aiming to address the harm experienced by affected individuals and families.
While lawsuit investigations are currently centered on adverse birth outcomes, lawyers researching claims say the eligibility requirements will likely expand to include additional injuries as we learn more information about the health impacts of Dacthal exposure.
What To Expect When You Contact a Dacthal Attorney
If you contact a DCPA attorney, you can expect to have a conversation with a lawyer who is going to take the time to understand your story, the root of your exposure and the impact of that exposure.
- Access to pesticide informational databases
- A track record of success in pesticide litigation
- Free case reviews
- Good communication skills
- Knowledge about compensation options
- Nationwide availability
- Years of experience in state and federal pesticide regulation
We recommend you gather any prenatal care records and residential or occupational records that show the location of expected exposure. An attorney who specializes in pesticide litigation can help with the rest.
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