IMPRELIS: Will the Damaged and Dying Tree Cases be Consolidated?
Tomorrow, the Judicial Panel on Multidistrict Litigation (JPML) will consider consolidation all IMPRELIS® lawsuits into MDL 2284 In Re: IMPRELIS HERBICIDE MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION. Plaintiffs moved for centralization to the following jurisdictions: 1) U.S. District Court for Northern District of Ohio, 2) U.S. District Court for the District of Delaware and 3) the U. S. District Court for the District of New Jersey.
Currently, there are at least 18 IMPRELIS® lawsuits pending in federal courts. These lawsuits allege that DuPont touted IMPRELIS® as safe and beneficial while knowing it was harmful to evergreens. After just 10 months on the market, the EPA issued a stop sale order for IMPRELIS® because of its negative impact on trees, ornamentals and shrubs. The EPA reported that it had received thousands of reports of damaged and dying trees. The trees exhibit the same characteristics as weeds treated with IMPRELIS® – twisted, bent and curled leaves.
It is likely that all IMPRELIS® lawsuits filed in federal court will be consolidated.