Dacthal “DCPA” Litigation
UPDATE: On August 28th, the EPA announced in a press release that the agency is initiating a process to cancel any and all products containing Dacthal (“DCPA”).
The latest development stems from an update from DCPA manufacturer, AMVAC Chemical Corporation, after the company announced its intent to “voluntarily cancel the remaining pesticide products containing DCPA in the United Sates… [and] all international registrations as well.”
AMVAC’s decision to voluntarily and quickly cancel their DCPA registrations is a huge win for public health and will ensure pregnant women are no longer exposed to a chemical that could cause their babies to experience irreversible lifelong health problems.
-Michael Freedhoff, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention
On August 6, 2024, the U.S. Environmental Protection Agency (“EPA”) issued an emergency order suspending all registrations of pesticide products containing DCPA. In an unprecedented response, the EPA enforced its emergency power under the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”), prompting the immediate halt of all applications of DCPA.
Dimethyl tetrachloroterephthalate, also known as DCPA or Dacthal, is an herbicide/pesticide used for Brassica-vegetable crops, like broccoli, Brussels sprouts, cauliflower, cabbage and kale, as well as non-agricultural turf management.
The EPA has determined that exposure to DCPA, even at low levels, poses significant health risks. Individuals seek to hold the herbicide’s manufacturer, AMVAC Chemical Corporation, accountable.
DCPA and the EPA’s History of Concern
The EPA started investigating DCPA in 2013. In April of 2022, the EPA sent AMVAC a Notice of Intent to suspend DCPA, pending additional data requests. In November 2023, Dacthal manufacturers submitted the data, including the comprehensive thyroid study the EPA had originally requested.
However, following its analysis of the study, the EPA released an assessment in May 2023 exploring the health risks associated with DCPA.
While AMVAC would propose voluntary changes in an attempt to mitigate the risks – ending DCPA use in non-agricultural, turf settings in December 2023 – a public warning from the EPA would follow in April 2024, warning consumers of the “significant health risks” posed by the herbicide product.
Lifelong Health Problems: Who Is Affected?
DCPA exposure has been proven to result in serious health concerns and conditions that especially affect pregnant women on behalf of their fetuses and directly exposed children.
Pregnant Women, who were exposed, on behalf of their fetuses
The fetuses of pregnant women, who were exposed to DCPA, may have potential health issues including but not limited to:
Congenital Hypothyroidism, which may cause:
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- Fetal thyroid hormone levels
- Low birth weight
- Impaired brain development
- Impaired motor skills (later in life)
- Diminished IQ
In this case, pregnant women who may never even know they were exposed could give birth to babies that experience irreversible lifelong health problems. That’s why for the first time in almost 40 years, EPA is using its emergency suspension authority to stop the use of a pesticide.
-Environmental Protection Agency
Exposed Children
Children who have been exposed to DCPA are at higher risk for developing an inadequate thyroid gland, which causes the child to become unable to produce adequate thyroid hormone. If this condition goes undiagnosed or untreated for a certain amount of time, the child will develop health issues including but not limited to:
Hypothyroidism, which may cause:
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- Weight gain
- Impaired brain development
- Impaired motor skills
- Diminished IQ
- Constipation
- Fatigue and exercise intolerance
Medical Monitoring
Affected children may not be diagnosed yet. These lifelong health problems develop over time and may not be discovered immediately.
Indirect DCPA exposure through spray drift – movement of pesticide particles through the air – has been proven to implicate individuals living in nearby, surrounding areas.
The use of personal protective equipment (PPE) has been proven to be unsuccessful in mitigating the harms of DCPA exposure.
How Milberg Is Helping Affected Individuals
Milberg’s Environmental & Toxic Torts Practice Group and Defective Products Practice Group attorneys have achieved success against some of the world’s largest and most influential companies, particularly those whose products have harmed consumers across the globe.
Our team has engaged on behalf of individuals, classes, cities, states, and commonwealths to pursue claims involving Roundup, Paraquat, PFAS, PCBS, and climate change.
Milberg attorneys have similarly held leadership roles in some of the leading national drug and device litigations, having recovered billions of dollars in compensation for injured consumers.
If you would like to learn more about Milberg’s investigation into Dacthal, please contact us today.
