Property Owners Beware: Weed Killer Declared Eco-Friendly Goes Awry Destroying Trees Too!

DuPont has decided to suspend the sale of its Imprelis herbicide in voluntary compliance with an order from the U.S. Environmental Protection Agency.

Tree damage related to Imprelis usage. Photo courtesy of aiTurf.

Beginning last June, the EPA started receiving complaints about damage to evergreens related to the use Imprelis. In its evaluation, the agency is investigating whether these incidents are the results of inadequate warnings and directions on the product labels, product misuse, environmental factors, or other possible causes.

Imprelis was created by DuPont for professional use only. The herbicide was intended to control a variety of unwanted broadleaf weeds in lawns, athletic fields, gold courses, parks, cemeteries, and sod farms.

The EPA is also warning that the grass clippings that have been treated with Imprelis should not be used for composting or mulching, and trees that may have been injured with the herbicide should also not be used for compost or mulch. This is because Imprelis has been absorbed into the vegetation and could continue to cause damage if reintroduced into the environment.

The current damage from Imprelis appears to be primarily affecting sensitive tree species, such as the Norway spruce and white pine, but DuPont admits that it “has also received reports of damage to other species.” The most commonly reported signs of damage have been needle browning and the curling of new growth.

DuPont claims that “the majority of reported damage is concentrated in a geographic band that includes Minnesota, Michigan, Indiana, Ohio, Pennsylvania, New Jersey, and Wisconsin.” Though, Imprelis is registered for use in all states, except California, New York, Washington, D.C., and Puerto Rico.

Among the state environmental regulatory agencies receiving complaints about the herbicide is the Office of Indiana State Chemist (OISC). “An estimated 150 investigations have been initiated to date,” it acknowledged.

The Indiana state agency said that what was originally attractive about Imprelis was “its relatively low toxicity to humans, pets, and wildlife.”  Right now, the OISC is trying to determine if licensed professionals applied the herbicide correctly (according to the label directions) or if the reported damage to the trees is directly related to Imprelis.

In the private sector, Parker Waichman Alonso LLP is one of several law firms representing plaintiffs in an Imprelis class action lawsuit filed in the district court of northern Ohio. The lawsuit is seeking to “represent anyone who has sustained significant damage to mature landscape trees, especially Norway spruce and other shallow root systems, including willows, poplars, and conifers.”

The lead plaintiff in the lawsuit is Luanne Miller, a property owner in Seven Hills, Ohio. According to the lawsuit, the herbicide was applied to Miller’s property on several occasions, adhering to the directions. The results were significant damage to her trees.

The lawsuit further alleges that, “rather than being isolated incidents, thousands of trees have been reported as being infected by Imprelis, and tens of thousands more reports are expected in the future.”

Parker Waichman Alonso says that it continues to receive reports of tree damage suspected to be caused by Imprelis. The firm says that it’s investigating these complaints and expects to file other lawsuits in the near future.

At this point, DuPont is starting to make arrangements to provide refunds of Imprelis to customers who purchased the product. The company has launched a website and hotline at 866-796-4783 to take reports of problems from homeowners, property owners and managers, and lawn care professionals.

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