The Dacthal lawsuit continues to progress as plaintiffs allege that exposure to Dacthal, a widely used herbicide, has led to severe health complications including cancer, respiratory issues, and thyroid disorders. Recent studies have linked Dacthal exposure during pregnancy to serious birth defects and developmental issues.
What is Dacthal?
Dacthal, also known as DCPA (dimethyl tetrachloroterephthalate), is a pre-emergent herbicide developed in the 1950s to control weeds in commercial agriculture and residential landscaping. A pre-emergent herbicide forms a protective barrier in the soil, preventing weed seeds from germinating and taking root. Manufactured by AMVAC Chemical Corporation, Dacthal has been widely used on crops such as broccoli and Brussels sprouts, as well as on golf courses and residential lawns.
What is the Dacthal lawsuit?
The Dacthal lawsuit centers on claims that prolonged exposure to the herbicide, even at low levels, has caused serious health issues, especially among pregnant women and their fetuses. On August 6, 2024, the EPA issued an emergency suspension order under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) emphasizing that “DCPA is so dangerous that it needs to be removed from the market immediately… In this case, pregnant women who may never even know they were exposed could give birth to babies that experience irreversible lifelong health problems. That’s why for the first time in almost 40 years, EPA is using its emergency suspension authority to stop the use of a pesticide.”
Plaintiffs argue that AMVAC Chemical Corporation failed to warn users about Dacthal’s risks, despite scientific evidence linking it to significant health risks. The lawsuits seek compensation for conditions allegedly caused by DCPA exposure, including cancer, respiratory illnesses, and birth defects.
What injuries and health issues have been linked to Dacthal?
Risks to Pregnant Women and Developing Babies
The EPA’s 2023 assessment revealed that Dacthal exposure poses serious risks to pregnant women and their fetuses, often with the mothers unaware of their exposure. Health risks to fetuses include:
- Low birth weight
- Impaired brain development
- Thyroid issues
- Decreased IQ
- Impaired motor skills
- Other birth defects
Risks to Exposed Children
Children exposed to Dacthal face an increased risk of hypothyroidism, a condition where the thyroid gland fails to produce sufficient thyroid hormone. If undiagnosed or untreated, hypothyroidism can lead to:
- Impaired brain development
- Impaired motor skills
- Decreased IQ
- Weight gain
- Constipation
- Fatigue and exercise intolerance
Additional Health Issues
Several additional health conditions have been associated with Dacthal exposure, including:
- Respiratory issues
- Cancer
- Liver Damage
- Thyroid disorders
- Reproductive failure
- Skin damage
- Weight loss
These health risks form the foundation of the lawsuits, as plaintiffs seek compensation for medical expenses, lost wages, and emotional distress.
Who are the defendants in the Dacthal lawsuit?
The primary defendant in the Dacthal lawsuits is AMVAC Chemical Corporation, the manufacturer of the herbicide. Other defendants may include distributors, agricultural companies, and applicators who used the product without implementing proper safety measures.
Plaintiffs argue that AMVAC knowingly failed to warn consumers about the dangers of Dacthal exposure and continued marketing the herbicide despite mounting evidence of its risks. The lawsuits seek to hold the company accountable for negligence, failure to warn, and product liability.
What are the latest updates on the Dacthal lawsuit?
October 2024: EPA Finalizes Cancellation of Dacthal
On October 22, the EPA announced the final cancellation of all pesticide products containing Dacthal under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The decision is based on scientific studies linking DCPA exposure to thyroid toxicity. Pregnant women exposed to DCPA—through contact, entry, or work in treated areas—risk altering fetal thyroid hormone levels. Such changes can lead to low birth weight, impaired brain development, reduced IQ, and motor skill issues, with some effects being irreversible.
“With the final cancellation of DCPA, we’re taking a definitive step to protect pregnant women and their unborn babies,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “The science showing the potential for irreversible harm to unborn babies’ developing brains, in addition to other lifelong consequences from exposure, demands decisive action to remove this dangerous chemical from the marketplace.”
August 2024: EPA Issues Emergency Suspension of Dacthal Use
On August 6, the EPA issued an emergency order to suspend the use of all pesticides containing Dacthal. The suspension was issued under the authority of FIFRA).The agency announced it would take swift action to address the “serious, permanent, and irreversible health risks” linked to the pesticide. Citing the severity of the risks, the EPA took the uncommon step of directly warning farmworkers and the public. It also sent a formal letter to AMVAC, reiterating the identified risks and outlining its plans to pursue further measures to protect workers and others from exposure.
This action followed the EPA’s May 2023 assessment, which revealed serious health risks from both occupational and residential exposure to Dacthal, even when personal protective equipment and engineering controls were used. The report, based on data the EPA had compelled AMVAC to submit after nearly a decade of delays, found that pregnant women, including those living near treated areas, and users of golf courses and athletic fields faced the most significant risks.
On August 21, AMVAC’s parent company, American Vanguard, announced it had withdrawn the suspended Dacthal registrations. However, the company stated it would continue to challenge the EPA’s decision to suspend the registrations.
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