Dacthal Lawsuits

Dacthal is the trade name of dimethyl tetrachloroterephthalate (DCPA). It is an industrial pesticide used to control broad-leaf weeds (like crabgrass) on non-residential turf lawns, such as golf courses or sport complexes. Dacthal is also used in agricultural sites to protect field crops like broccoli, tomatoes and onions.

How does Dacthal work and how is it used?

Dacthal is a pre-emergent herbicide, meaning it is sprayed before plants sprout. A pre-emergent pesticide prevents a weed from developing roots, which kills the weed before it can grow. DCPA can also be used post-emergence (after a plant sprouts) or post-transplant (after moving a plant) to treat the soil.

Dacthal is sold in several forms: 

• Emulsified concentrate
• Flowable concentrate (liquid that can be sprayed through a hose or sprayer) 
• Granular solid
• Liquid 
• Wettable powder

People are filing Dacthal lawsuits against manufacturer American Vanguard Corporation (AMVAC) after an EPA Emergency Order suspended all sales of the product. Studies have shown that exposure to the herbicide may cause birth defects in developing fetuses at doses that don’t affect the pregnant individual. 

The August 6, 2024, EPA Emergency Order stopped DCPA products from being distributed, sold, or used. Products subject to the recall include:

• Dacthal Flowable Herbicide (EPA Reg. No. 5481-487)
• Dacthal W-75 Herbicide (EPA Reg. No. WI050002)
• Technical Chlorthal Dimethyl (EPA Reg. No. 5481-495)

A developing fetus exposed to DCPA may be born underweight or suffer impaired brain development and motor skills. These lawsuits aim to hold AMVAC accountable for birth injuries attributed to Dacthal exposure. 

Why are people suing AMVAC?

AMVAC has been manufacturing Dacthal since the 1950s. It is the only company that manufactures and distributes the herbicide. Under federal law, herbicide and pesticide manufacturers must periodically submit data to the EPA to support the agency’s registration of the product. The EPA re-evaluates these products for safety and areas of concern.

In 2013, the EPA issued a Data Call-in Notice to AMVAC. This is a formal request for the data needed to register the product. Over the next nine years, AMVAC sent many studies but didn’t provide the information the EPA requested. 

The corporation also sent more than 20 waiver requests to bypass the information requirement. EPA regulators needed this information to assess the risk to unborn infants and either develop a mitigation plan or remove Dacthal from the market.

In April 2024, the EPA took the unusual step and directly warned farmworkers of the risk Dacthal poses to unborn babies. The EPA’s concern centered around the volume of exposure pregnant women experienced and the effects it could have on unborn fetuses. According to estimates from the agency, some pregnant individuals handling DCPA products could be exposed to the chemical at four to 20 times the amount considered safe for unborn babies.

AMVAC specifies on the Dacthal herbicide label that no one should enter a field for 12 hours after DCPA has been applied. EPA evidence suggests that levels may be unsafe for up to 25 days after application.

Dacthal exposure may cause changes in fetal thyroid hormone levels. These changes are linked to birth defects and complications, including low birth weight, developmental delays, and impaired motor skills.

How can people be exposed to Dacthal?

People can be exposed to Dacthal through a variety of routes. Dacthal is a concentrate and must be diluted or aerosolized to be spread onto a field. Exposure may occur by:

• Drinking water contaminated with DCPA through groundwater or wastewater leaching
• Touching or handling DCPA when applying it in agricultural or residential use
• Inhaling “spray drift” when the product is sprayed over large areas, such as fields or golf courses

What herbicides use Dacthal?

AMVAC makes all three of the herbicides that contain DCPA:

• Dacthal Flowable Herbicide (EPA Reg. No. 5481-487)
• Dacthal W-75 Herbicide (EPA Reg. No. WI050002)
• Technical Chlorthal Dimethyl (EPA Reg. No. 5481-495)

All three are included in the EPA’s Emergency Order.

Is there a Dacthal class action lawsuit?

As of September 2024, there are no class action lawsuits or mass tort actions concerning Dacthal or DCPA in the United States. This may change as more lawsuits are filed. If you believe you have been exposed to Dacthal or a degraded form of the chemical and have a child born with a birth defect, you should contact an attorney for more information.

What damages are available in a Dacthal lawsuit?

The damages available in a Dacthal lawsuit will depend upon the nature of the claim and the state where the lawsuit is filed. Many factors are involved in reaching any settlement or jury award. These include:

• The nature and severity of the injury: Long-term care for a child with developmental issues will require a larger award than for a child with a temporary illness.
• Proof of economic impact: Loss of wages, lost future income and the cost of expensive medical treatments for a chronic illness or injury may all be factors in a final award.
• Pain and suffering: Some states limit, or “cap,” pain and suffering damages. This has an impact on the total award.

The results of a Dacthal lawsuit may include recovery of medical costs, including future expenses for a disabled child, lost wages and lost future income, and pain and suffering.

Motley Rice attorneys have extensive experience litigating toxic chemical exposure and environmental damage cases. We have represented individuals, families, communities and states in toxic tort claims. We seek justice for our clients and improved environmental standards and protections.

Motley Rice has represented adults and children exposed to:

• Asbestos
• Contaminated water at Camp Lejeune
• Lead paint
• Methylene chloride
• Paraquat weed killer
• PFAS 
• Roundup weed killer

Read more about our toxic exposure experience.