As suspected drift from dicamba took a toll on farmers the past two growing seasons, Monsanto 鈥 the Creve Coeur-based agribusiness company that helped give the herbicide newfound prominence with its introduction of dicamba-tolerant crop varieties 鈥 publicly urged growers not to spray illegal kinds of the product while new formulations supposedly less prone to drift waited for regulatory approval.
But a class-action lawsuit filed Wednesday in federal court in 50度灰视频 accuses company sales representatives of secretly giving farmers assurances that using unauthorized or 鈥渙ff-label鈥 spray varieties would be all right.
鈥淭his was Monsanto鈥檚 real plan: publicly appear as if it were complying, while allowing its seed representatives to tell farmers the opposite in person,鈥 the suit alleges, based on farmer testimony. 鈥淭heir sales pitch: assure purchasers that off-label and illegal uses of dicamba would 鈥榖e just fine.鈥欌
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That鈥檚 one of many allegations in the suit to place blame from soaring complaints of dicamba damage on companies that produce the weedkiller and accompanying seed varieties.
Monsanto, BASF, DuPont and Pioneer are the agribusiness and chemical companies associated with the herbicide named as defendants in the case. Plaintiffs include seven Arkansas farms affected by alleged dicamba drift this year, though more may be added, according to Paul Lesko, a 50度灰视频-based attorney with Peiffer Rosca Wolf, the law firm representing the plaintiffs.
The suit outlines the shifting circumstances that have surrounded suspected dicamba damage since Monsanto first released dicamba-tolerant cotton in 2015 and brought resistant soybeans to market the following year. Corresponding herbicides produced by the defendants weren鈥檛 available for either growing season, only gaining approval since late 2016. Their absence led many growers with dicamba-tolerant seeds to allegedly turn to more drift-prone 鈥 or volatile 鈥 forms of the herbicide, leaving their fields unharmed but putting nearby growers with nonresistant crops at risk.
But even though the new, proper forms of the herbicide are now available, alleged misuse of dicamba has shot to new heights in 2017. Hundreds of complaints have poured in to state officials in Arkansas and Missouri alone, with reports of other suspected damage emerging in places such as Tennessee, Mississippi, Kansas, Illinois and Indiana.
Citing weed and crop science experts from affected states, the suit claims this year鈥檚 damage was a foreseeable consequence of the 鈥渕uch larger rollout鈥 of dicamba products, pointing to continued concerns about their tendency to vaporize and drift, even when applied properly.
鈥淔ollowing (the label instructions) as they are now is a Herculean task. Talk about threading the needle 鈥 you can鈥檛 spray when it鈥檚 too windy. You can鈥檛 spray under 3 miles per hour. You got to keep the boom down 鈥 there are so many things,鈥 said University of Tennessee weed management expert Larry Steckel, in an excerpt from the suit. 鈥淚t looks good on paper, but when a farmer or applicator is trying to actually execute that over thousands of acres covering several counties, it鈥檚 almost impossible.鈥
The suit says the defendants 鈥渁ctually benefit鈥 from rampant drift, because it pressures farmers to adopt dicamba-tolerant seed to avoid damage.
Monsanto officials said last month that the technology accounts for 鈥渙ne of the largest launches鈥 in company history. Those sales, the lawsuit contends, amount to 鈥渋llegal monopolistic behavior,鈥 as farmers rush to adopt the product. 鈥淭hey鈥檙e not necessarily buying a product because it鈥檚 better and meets their needs, they鈥檙e buying it because it鈥檚 a defense mechanism,鈥 Lesko told the Post-Dispatch.
Monsanto and BASF听cited their efforts to educate growers about correct application of dicamba.
鈥淲e remain confident in growers鈥 ability to follow all application requirements and abide by the law,鈥 Monsanto said in a statement. 鈥淭he (Environmental Protection Agency) spent nearly seven years reviewing and analyzing data and research conducted before issuing a label.听The lawsuit is wholly without merit, and we will defend ourselves accordingly.鈥
DuPont declined to comment on the litigation, but said 鈥渢his year thousands of growers have used these products properly and successfully.鈥
Lesko, though, maintains that the cropping system skews benefits to the companies, and not to farmers.
鈥淚t鈥檚 kind of a cycle and it only benefits the defendants. As harm increases, more farmers have to purchase the defendants鈥 products,鈥 said Lesko, adding that there鈥檚 鈥渁lready concern鈥 about a lack of diversity in agriculture.
鈥淭his cycle needs to stop,鈥 he said. 鈥淚t鈥檚 never good to have just one type of crop out there.鈥
Editor's note:听This story was updated on Monday, July 24, with a new statement provided by Monsanto, denying the claims made by the lawsuit.
In this Series
Dicamba coverage by the Post-Dispatch
Bryce Gray
Energy and environment
