Dacthal (DCPA) Lawsuit
In a historic move to improve herbicide safety, the Environmental Protection Agency issued an emergency order on Aug. 6, 2024, to suspend all use and sales of the pesticide Dacthal, citing serious risks to fetal development. Now, parents and attorneys are considering lawsuits against the pesticide’s sole manufacturer, AMVAC Chemical Corp.
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Dacthal Birth Injury Lawsuit Updates
Exposure to Dacthal (DCPA), a pesticide used on crops, golf courses and athletic fields, may cause birth defects and developmental issues in babies whose mothers are exposed to the chemical during pregnancy.
While concerns over the effects of Dacthal exposure on fetal development have existed for two decades, recent EPA actions have heightened those concerns, leading parents and lawyers to consider new Dacthal lawsuits for pesticide injuries.
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Aug. 6, 2024:
The EPA issued an emergency suspension of Dacthal, citing severe fetal health risks following assessments of unsafe exposure levels. It was the first time in 40 years the EPA had taken such decisive action. American Vanguard, the parent company of AMVAC, decided to withdraw its Dacthal registrations a couple weeks later.
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April 2024:
The EPA issued a warning to farmworkers about Dacthal’s dangers and outlined plans for emergency regulatory action.
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December 2023:
The EPA reported unacceptable risks from the agricultural use of Dacthal following AMVAC’s voluntary cancellation of Dacthal use on turf.
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November 2023:
The EPA lifted its suspension of the registration for a technical-grade product after it said AMVAC submitted incomplete safety data on Dacthal.
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August 2023:
The EPA suspended the registration for a technical-grade Dacthal product, citing AMVAC’s extensive delay in providing the requested data.
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May 2023:
The EPA released an assessment of Dacthal that revealed significant health risks, even with protective measures, particularly for pregnant women. The review also highlighted potential dangers for users of golf courses and athletic fields where the pesticide had been applied.
The EPA’s longstanding requests for safety data from AMVAC and the company’s inadequate responses underscored the pesticide’s potential risks.
Regulators in the United States began requesting comprehensive safety studies from AMVAC on Dacthal’s potential health impacts, including risks to fetal development, in 1999. Ten years later, the European Union banned Dacthal. Another 15 years went by before the EPA ended Dacthal use in the United States in August 2024.
Why Are Parents Considering Dacthal Lawsuits?
Parents are considering legal action against AMVAC because of mounting evidence that Dacthal exposure can cause birth defects, developmental delays, neurological issues and other serious health problems.
Specifically, Dacthal exposure in pregnant women can significantly disrupt fetal thyroid hormone levels and cause the fetus’s skull to close before the brain has finished developing.
According to the EPA, changes to fetal thyroid hormone levels are linked to low birth weight, impaired brain development, decreased IQ and impaired motor skills later in life.
Families are considering Dacthal lawsuits as a way to hold AMVAC accountable for its delay in providing safety data and for not adequately warning of the risks. Families affected by Dacthal exposure may be entitled to compensation through a lawsuit.
Who May Qualify for a DCPA Exposure Lawsuit?
If you were exposed to Dacthal during pregnancy, and your baby has suffered health issues, you may be eligible to file a lawsuit. Exposure can occur from inhaling Dacthal or through skin contact.
The EPA estimates pregnant women who enter or work in areas where Dacthal has been applied have an exposure risk four to 20 times greater than the level considered safe according to the product label use instructions. Pregnant women and their fetuses who live near areas where Dacthal is used may also be at risk of exposure from spray drift from pesticide application.
- Women who are exposed to Dacthal during pregnancy
- Families of children exposed to Dacthal in utero
- Applicators
- People who live or work on a farm or facility where Dacthal is applied
- People who live within one mile of a farm or facility where Dacthal is applied
While farmworkers and post-application workers involved in tasks such as transplanting, weeding and harvesting are especially at risk, people who use golf courses and athletic fields treated with Dacthal may also qualify.
Initial research shows states that have used Dacthal in the past 10 years include Arizona, California, Colorado, Wisconsin, Michigan, Ohio, Oregon, Texas and Washington. Affected crops generally include fruits and vegetables.
8 Cited Research Articles
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- American Vanguard. (2024, August 21). American Vanguard Withdraws Dacthal Registration. Retrieved from https://www.american-vanguard.com/news/american-vanguard-withdraws-dacthal-registration
- Federal Register. (2024, August 7). Pesticides; Emergency Order Suspending the Registrations of All Pesticide Products Containing Dimethyl Tetrachloroterephthalate (DCPA). Retrieved from https://www.federalregister.gov/documents/2024/08/07/2024-17431/pesticides-emergency-order-suspending-the-registrations-of-all-pesticide-products-containing
- Environmental Protection Agency. (2024, August 6). EPA Issues Emergency Order to Stop Use of Pesticide Dacthal to Address Serious Health Risk. Retrieved from https://www.epa.gov/newsreleases/epa-issues-emergency-order-stop-use-pesticide-dacthal-address-serious-health-risk-4
- Turnbough, A. (2024, February 21). Amvac Response DCPA 2/21/24. Retrieved from https://www.regulations.gov/document/EPA-HQ-OPP-2011-0374-0113
- March of Dimes. (2021, June). Low Birth Weight. Retrieved from https://www.marchofdimes.org/find-support/topics/birth/low-birthweight
- Environmental Protection Agency. (1998, November). DCPA. Retrieved from https://www3.epa.gov/pesticides/chem_search/reg_actions/reregistration/fs_G-31_1-Nov-98.pdf
- Boston Children’s Hospital. (n.d.). Low Birthweight in Newborns. Retrieved from https://www.childrenshospital.org/conditions/low-birthweight-newborns
- World Health Organization. (n.d.). Low Birth Weight. Retrieved from https://www.who.int/data/nutrition/nlis/info/low-birth-weight
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