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Dacthal Herbicide Birth Defect Lawsuits

Dacthal is a pesticide commonly used on farms in the U.S. The EPA recently pulled Dacthal off the market after new scientific evidence showed that exposure to this pesticide during pregnancy can cause serious birth defects.

Mothers and their babies who were harmed from exposure to Dacthal during pregnancy are now filing product liability lawsuits against the manufacturer. Our firm is currently accepting new Dacthal birth defect cases across the country.

About Dacthal

Dacthal is the brand or trade name for Dimethyl tetrachloroterephthalate (DCPA). Dacthal is a herbicide that kills weeds and unwanted plants without harming sensitive crops like fruits and vegetables. Dacthal was originally developed in the late 1950s for use on grass. Since 1998, Dacthal has been manufactured by AMVAC (American Vanguard Corp.)

At one point, Dacthal was widely used in commercial farming in the U.S. on crops such as vegetables and fruits. Since the early 2000s, however, mounting concerns about the health and safety hazards of Dacthal have gradually curtailed its use in various settings.

Until recently, Dacthal was still used on farms across the U.S. and for non-agricultural purposes. The primary use of Dacthal, however, was on commercial farms growing certain vegetables such as broccoli, cabbage, onions, and brussels sprouts.

EPA Issues Emergency Order Banning Dacthal

In August 2024, the Environmental Protection Agency (EPA) issued an emergency order to immediately stop using Dacthal in the U.S. This marked the first time in four decades that the EPA has taken this drastic measure.

The reason for the emergency ban was that the EPA found credible evidence showing that Dacthal can be very harmful to unborn babies when their pregnant mothers are exposed to the chemical. Research has shown that exposure to Dacthal during pregnancy can trigger significant changes in hormone levels that can cause a host of problems with fetal development and growth including:

  • Low birth weight
  • Impairment of fetal brain development
  • Lower IQ
  • Motor skills impairment

The evidence linking Dacthal to these birth defects and impairments was clearly strong enough for the EPA to determine that Dacthal posed a serious danger to the public and had to removed from the market immediately.

Dacthal Lawsuits

Anyone who was exposed to Dacthal during pregnancy and had a baby that was born with any of the birth defects or issues linked to Dacthal exposure can now file a product liability lawsuit against the manufacturer and get financial compensation. The Dacthal birth defect lawsuits allege that the manufacturer knew or should have known that Dacthal exposure during pregnancy could cause these serious health problems, but failed to properly warn consumers.

One of the key failures on the part of the manufacturer Dacthal was in the product labeling. The product label for Dacthal indicated that is was safe to go into fields where Dacthal was applied within 12 hours after application. Studies have shown, however that Dacthal levels remain dangerously high for as long as 25 days after application.

The information on the Dacthal warning label may have led countless pregnant women to expose themselves to this harmful chemical. Those women, and their babies, can now get financial compensation.

Who May Have Been Exposed to Dacthal?

Many pregnant women may have been exposed to Dacthal without even realizing it. Any woman who worked on a farm or in agriculture during pregnancy and was involved in weeding or harvesting could have direct exposure to Dacthal.

Dacthal was also widely used to maintain grass and landscaping at golf courses and playing fields. Anyone who worked at an athletic field or golf course during pregnancy may have been exposed to Dacthal without even knowing it.

Dacthal was used in states across the U.S., but there were certain areas where this chemical was more widely used in commercial farming. The sates where Dacthal use was widespread in farming include:

Arizona Ohio
California Oregon
Colorado Texas
Wisconsin Washington
Michigan  

Dacthal Use in California

California is the state where Dacthal use was most common. In California, Dacthal was most frequently applied to crops like broccoli, onions, cabbage, Brussels sprouts, broccoli raab, bok choy, radishes, Chinese cabbage, cauliflower, and kale.

The top 10 counties where DCPA was used in 2021 and 2022 were Monterey, Imperial, Fresno, Riverside, Santa Barbara, San Luis Obispo, Kern, Ventura, San Benito, and Stanislaus. However, individuals in other counties where any of these crops were cultivated may have also been exposed.

Who is Eligible to File a Dacthal Lawsuit?

You may be eligible for compensation in a DCPA pesticide lawsuit if you meet all the following criteria:

  • You were pregnant while working on a farm or nursery where crops such as broccoli, Brussels sprouts, bok choy, cabbage, cauliflower, or onion bulbs were grown.
  • You used DCPA for weed control, whether as an applicator or a worker involved in weeding, transplanting, tying, thinning, or harvesting any of the above crops.
  • Your child, born from that pregnancy, has been diagnosed with any of the following conditions: low birth weight, impaired brain development, decreased IQ, impaired motor skills, and/or reduced bone deposition.

History of Dacthal Safety Concerns

The dangers of Dacthal have been known for quite some time. The EPA has been aware of the potential health risks linked to Dacthal for over a decade. EPA studies have raised serious concerns about the herbicide’s potential to disrupt thyroid function, particularly in developing fetuses.

As a result, the EPA has issued multiple warnings over the years, advising against the widespread use of Dacthal, especially in agricultural environments where vulnerable populations, such as pregnant women and children, could be at risk.

Despite these warnings, Dacthal continued to be used extensively across the United States, with its risks often downplayed or overlooked in favor of its benefits to agriculture.

The EPA’s recent emergency order is the culmination of years of research and regulatory scrutiny, marking a significant shift in the regulation of such chemicals, especially when there is clear evidence of harm.

The EPA’s ongoing evaluation of Dacthal involved extensive studies, including those submitted by its manufacturer, AMVAC Chemical Corp. However, the EPA found many of these studies inadequate, failing to meet the stringent standards necessary to ensure public safety.

One critical study on thyroid development, due in 2016, was only submitted in 2022, long after the chemical may have harmed many individuals.

This history of Dacthal highlights why the EPA’s emergency order is both necessary and overdue. It emphasizes the importance of strict regulatory oversight and the need for prompt action to protect public health.

As we move forward, understanding this context will be essential in grasping the legal and public health implications of the EPA’s decision to halt Dacthal’s use.

Dacthal Class Lawsuit

There is currently not a class action lawsuit or MDL for the Dacthal birth defect lawsuits. However, the number of pregnant women who were potentially exposed to Dacthal is large so there are potentially thousands of plaintiffs.

Most lawyers are expecting hundreds and possibly thousands of Dacthal birth defect lawsuits to get filed over the next year or two. If that happens, there will almost certainly be a class action MDL in which all of the Dacthal lawsuits in federal courts are consolidated before a single judge.

Contact Us About a Dacthal Lawsuit

If you were exposed to Dacthal during pregnancy and your child was born with birth defects or other health problems, you may have a potential Dacthal lawsuit. Contact our mass tort lawyers today at 800-553-8082 or contact us online.

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