Monsanto Company and BASF Corp. were sued by Arkansas farmers who claim the companies knowingly misrepresented the safety of the defective herbicide Dicamba. The class action lawsuit alleges the herbicide damaged soybeans and other crops that are not genetically modified to withstand it, forcing the state to remove it from the market after many farmers already planted Dicamba-tolerant seeds for the upcoming year for an additional $10 per acre.
Because of their inability to use Dicamba, the farmers claim they will see a reduced yield on their crops, which will be overrun with weeds. In addition, the farmers allegedly will be unable to redeem a rebate the companies offered to purchasers of Dicamba and Dicamba-tolerant seeds. Relying on the effectiveness of the herbicide, some farmers modified their equipment “at great cost” to apply Dicamba, but are now unable to utilize the upgraded equipment.
The proposed class includes those who bought Dicamba or Dicamba-tolerant seeds or who altered their equipment to spray the herbicide. The Plaintiffs allege product liability claims as well as violations of the state’s deceptive trade practices laws, fraud, and unjust enrichment. They are seeking compensatory and punitive damages, disgorgement of profits, and injunctive relief. Lawyers handling these cases should be aware that Monsanto has refused to turn over all of its testing to the U.S. Environmental Protection Agency (EPA) or to state regulators.
If you want more information on these claims, contact Rhon Jones, who heads up our Toxic Torts Section, at 800-898-2034 or by email at Rhon.Jones@beasleyallen.com.
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