Dacthal (DCPA) Pesticide Lawsuit

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.

The EPA went on to finalize its cancellation of Dacthal in October.

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.

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.

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.

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.

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.

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.

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.