Chris Bennett (Bennett, 2017c), “Dicamba Lawsuits Mounting,” AgPro, September 14, 2017.

SUMMARY:

Reports that farmers in over 10 states are now involved in dicamba lawsuits, and “dicamba-related litigation has only just begun.”   The core of the cases is that the new dicamba formulations are inherently “incapable of being routinely and safely applied to cotton and soybeans.”  Farmers who suffered damage allege they are victims of Monsanto and BASF putting products on the market that are unsafe.  A few specific suits include:

• Bader Farms- This Missouri orchard saw dicamba damage to 7,000 peach trees in 2016 and 30,000 in 2017, with costs in the millions. Monsanto and BASF are listed in the complaint. Monsanto claims that Xtendimax is not the culprit herbicide in this case. First filed in November 2016.
• Landers et. al v. Monsanto Company- This suit is spearheaded by Steven and Dee Landers from Missouri but includes farmers from Alabama, Arkansas, Illinois, Kentucky, Minnesota, Mississippi, North Carolina, Tennessee, and Texas.  Filed in January 2017.
• Bruce Farms Partnership- Six farms in Arkansas file suit in July 2017 include many similar complaints as other lawsuits but add the claim that dicamba is never safe to spray during the growing season. The complaint states that “given the well-recognized nature and patterns of cultivation in these (and other) regions, the proximity of other non-Xtend crops and plants, and the foreseeable weather patterns and timing of likely application, damage to nontarget crops and plants was inevitable and known to Defendants.”  Despite the companies claims to the contrary, farmers experience with the new formulations have shown that they are very prone to drift.  “How could Monsanto not know? How did they test and where did they test?” asks attorney Paul Byrd.   MOnsanto claims that 99% of Xtendimax applications in 2017 have shown “wonderful results” and that 77% of off-target movements occurred due to the label not being followed ( i.e., operator error).
• Smokey Alley – Also in July, a class action suit in Missouri was filed on behalf of a group of farmers. This suit includes claims of anti-trust activity by BASF, Dupont, and Monsanto.  The widespread introduction of dicamba-resistant technology has forced famers to plant the resistant crops to limit damage.  “[Farmers] want to plant seeds of their choice, but due to damage potential have to consider buying dicamba-tolerant soybeans from a defensive position,” Attorney Paul Lesko.
• B&L Farms – On July 20, 14 producers from Arkansas file a class action suit against Monsanto and BASF including a ” litany of charges related to irresponsible marketing, product liability, breach of implied warranty, deceptive trade practices and more allegations.”  FULL TEXT