Dicamba is a powerful and volatile herbicide that has a tendency to drift, damaging other farmers’ crops. For this reason, dicamba was not approved for on-crop use until late 2016, after Monsanto and German chemical company BASF developed new formulations of the herbicide that would (ostensibly) be less prone to drift.
Farmers are filing lawsuits seeking compensation for losses caused by dicamba drift.
But despite these new formulations, dicamba misuse complaints are up in Arkansas and neighboring states. One possible explanation is that many farmers still use the old formulations of dicamba (brand names: Banvel, Diablo, Oracle, and Vanquish), which are not approved for on-crop use. Another theory is that the new formulations of dicamba are no safer than the old ones.
Whatever the reason, farmers in Arkansas, Mississippi, Missouri, and Tennessee are still suffering heavy losses to their crops, and dicamba drift appears to be responsible. As a result, many farmers have filed lawsuits seeking compensation for their losses.
Farmers Seek Justice through Lawsuits
While local authorities have leveled some fines against farmers who misuse dicamba, these fines often run from just $200 to $1,000—a meager number that pales in comparison to the damage done by dicamba misuse. (In some cases, the culpable party just received a warning.) According to Modern Farmer, farmers impacted by dicamba drift will lose an estimated 10 to 30 percent of their annual crop yield.
Because these fines are so minimal, and because Monsanto and BASF are unlikely to face criminal charges, many farmers in Arkansas and neighboring states have filed lawsuits seeking restitution for the damage done to their crops.
Monsanto’s Checkered Legal Past
Monsanto—which produces the dicamba product XtendiMax—is no stranger to controversy or litigation.
Since the World Health Organization’s International Agency for Research on Cancer (IARC) found that glyphosate was a probable carcinogen in March 2015, hundreds of Roundup users suffering from non-Hodgkin’s lymphoma have filed lawsuits against the company.
Hundreds of Roundup users suffering from non-Hodgkin’s lymphoma have filed lawsuits against Monsanto.
In Nebraska, farmers filed a class action lawsuit against Monsanto. Lawsuits were also filed by a Kona Coffee farm owner in Hawaii and the widow of a California farmer. All Monsanto lawsuits share one thing in common: Farmers used Monsanto Roundup Weed Killer for years and were eventually diagnosed with non-Hodgkin’s lymphoma.
Monsanto continues to fight these lawsuits, claiming that their product is safe. In fact, they went as far as to file a lawsuit of their own against California, claiming that the state wrongly listed glyphosate as a carcinogen under their Prop 65 law.
Dicamba Lawsuit Eligibilty
To qualify for a dicamba lawsuit, you must be a commercial farmer whose crops have been damaged by dicamba in 2017. If you think you might be eligible, please contact us for a free, no-obligation legal consultation.
Signs of Dicamba Crop Damage
According to the Purdue Plant & Pest Diagnostic Laboratory, signs of dicamba crop damage may include:
- Twisted leaves
- Upward cupping on leaves
- Narrow, strap-like leaves on the youngest growth
- Aboveground roots on the stems of some annual flowers
The Purdue laboratory notes that these types of herbicide are “quite prone to drift and volatilization.” Its report also emphasizes that several other culprits can cause similar types of damage, so be sure to rule out the following potential causes before determining that dicamba drift is responsible:
- Mite, insect, or disease damage
- Adverse weather
- Soil compaction
- Root stress
- Improper soil pH
- Misapplied fertilizers
- Genetic mutations
- Road salt
If you know that none of the above factors is to blame for your crop damage, you might be eligible for a dicamba lawsuit.
ClassAction.com Fights for Farmers
At ClassAction.com, our attorneys have recovered more than $4 billion in damages for our clients. We are one of the top consumer protection firms in the country, with more than 300 attorneys on hand, but we do not represent large companies.
If your crops were damaged by dicamba drift, we have the experience and manpower to hold the responsible party or parties accountable. Contact us today for a free, no-obligation case review. There are never any costs unless we win a jury award or settlement.