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IMPRELIS® Killing Trees Instead of Weeds

January 1, 1970 · FLEMING | NOLEN | JEZ, L.L.P.

On August 3, 2011, the Environmental Protection Agency (EPA) wrote to DuPont inviting the company to meet about the numerous reports received regarding damaged and dying trees stemming from the use of IMPRELIS®. With in ten days of that letter, the EPA issued a stop sale, use or removal order (SSURO) for IMPRELIS®.

It was then reported that DuPont admitted that IMPRELIS® damaged trees. DuPont’s test data showed that IMPRELIS® was harmful to Norway Spruce, Balsam Fir, and other trees. The EPA investigation found that despite having the knowledge that IMPRELIS® damaged evergreen trees, DuPont did not include the appropriate information on the IMPRELIS® label.

Now, landscapers, turf professionals and others are seeing and experiencing the negative impact of IMPRELIS® – damaged and dying trees. Several lawsuits have been filed as a result. In fact, plaintiffs in several actions have moved for the creation of an IMPRELIS® MDL (Multidistrict Litigation). The motions seek to consolidate all IMPRELIS® cases filed in Federal Court to one specific court. The Judicial Panel of Multidistrict Litigation (JPML) set the hearing for September 27, 2011.

IMPRELIS® was marketed for use on residential and commercial lawns, golf courses, sod/turf farms, parks, and athletic fields because of it low environmental impact. DuPont’s marketing focused on IMPRELIS® low environmental impact. Many landscapers, turf professionals, and others began applying IMPRELIS® last spring. Now many of those applicators are seeing the negative impact of IMPRELIS® – damaged and dying trees and shrubs.

If your property suffered damage to trees or shrubs after applying IMPRELIS®, contact Fleming | Nolen | Jez, L.L.P.