PDA

View Full Version : EPA released a statement ordering DuPont to suspend and recall its herbicide Imprelis


phasthound
08-12-2011, 01:58 PM
http://yosemite.epa.gov/opa/admpress.nsf/1e5ab1124055f3b28525781f0042ed40/284e7190e1187415852578e9005e49c6!OpenDocument

grassman177
08-12-2011, 02:45 PM
thanks for posting.

Ric
08-12-2011, 03:10 PM
http://yosemite.epa.gov/opa/admpress.nsf/1e5ab1124055f3b28525781f0042ed40/284e7190e1187415852578e9005e49c6!OpenDocument

On August 4, 2011, DuPont voluntarily suspended sales of Imprelis and announced that it will soon conduct a product return and refund program.


Slow Dog

It looks like this is To Little To Late to stop the law suits that are going to arise from this. It is going to be interesting to see how Dupont handles this. A product refund program sure sounds to me like they are trying to cut their losses and not pay damages. I think there will be a lot of people who will not pursue litigation and eat their loss which is what Dupont is hoping for by offering a refund. To me the Refund is only proof positive they owe for the Trees damaged.

phasthound
08-12-2011, 03:16 PM
Slow Dog

It looks like this is To Little To Late to stop the law suits that are going to arise from this. It is going to be interesting to see how Dupont handles this. A product refund program sure sounds to me like they are trying to cut their losses and not pay damages. I think there will be a lot of people who will not pursue litigation and eat their loss which is what Dupont is hoping for by offering a refund. To me the Refund is only proof positive they owe for the Trees damaged.

Did anyone really expect DuPont to say, "Hey, our bad, we'll pay for all the damages."? It will take a fight and I see no reason not to seek damages from them. As the saying goes, "We all hate lawyers, until we need one."

grassman177
08-12-2011, 04:40 PM
oh yeah, they are gonna be replacing some trees that is for sure. i think they are gearing up for it, and of course will only do it for the ones who gripe the most,

Think Green
08-12-2011, 07:11 PM
Interesting! Since a article just hit Landscape magazine in my p o box this morning talking about the uses and areas to avoid while using this product. It seems that many lawsuits are pending and Dupont is acknowledging the problem and advocating the issue and informing readers of the problems. The thing is--What about those that purchased this product to use.....pretty much of the lawns in the north and everywhere has some sort of a pine, spruce,etc. as a landscape ornamental. Are these applicator's due for a refund or a rain-slip for a different purchase in the future.

RigglePLC
08-12-2011, 10:12 PM
What about the half-jugs sitting in storage?
Is it now illegal to use Imprelis? Unlawful to use it up and unlawful to dispose of Imprelis-- except at a costly chemical disposal facility.

Will there be a shortage of spruce trees for replacement purposes?
If you or your customer replace damaged trees promptly--does that mean you will not get reimbursed?

pieperlc
08-13-2011, 12:55 AM
Here is my take/interpretations:

1) Dupont "voluntarily" recalled Imprelis before the EPA made them. It's kinda like resigning before you get fired to save face.

2) Dupont has said they are going to buy back full and partial containers of all size. They think this stuff is too dangerous to remain in the applicators hands.?.

3) Dupont has issued statements about "how they regret any tree damage they may have caused" and "they will work to fairly and promptly resolve problems associated with Imprelis". These are not exact word for word quotes but you get the idea. Not sure what that means. The optimist will say they are going to compensate for dead trees. Pessimist will say it mean nothing. Time will tell!

impelis-facts.com has a record of all the latest statements from dupont. That is where most of this interpretation came from.

I personally have damage. It should not break me, but it will hurt a lot. My customers have been very understanding which helps but my gray hair count has grown the last two months. The last few weeks I have not seen damage progress, which in my mind is good news as it will take new growth to see any signs of recovery. Hopefully my customers can maintain their patience and DuPont comes through.

In response to Riggle's post: One of the statements Dupont released contained information regarding the removal and replacement of trees. That can be found on the imprelis-facts.com site.

NattyLawn
08-13-2011, 10:28 AM
Recall made the front page of the local newspaper this morning.

JWTurfguy
08-13-2011, 11:43 AM
So what about the distributors that continued selling Imprelis all the way up to it's being recalled, despite all the publicity we've all been hearing about damage? Seems like it might take a little while to rebuild trust with their customers...

Ric
08-13-2011, 12:04 PM
Did anyone really expect DuPont to say, "Hey, our bad, we'll pay for all the damages."? It will take a fight and I see no reason not to seek damages from them. As the saying goes, "We all hate lawyers, until we need one."

Slow Dog

Yes the Cost of Ligation is MORE than the value of the trees and Dupont is banking on that. Plus they will use the Stall Tactic to keep people on the SOMEDAY HOOK that never happens. I don't know but I an thinking Dupont is big enough to be self insured. They have no plans of paying out the first penny, only lip service.

Young Bros
08-13-2011, 10:49 PM
This is a bummer. I just did some athletic fields that we treated with imprelis 6-8 weeks ago. Barely had to use any surge on them.

zeroturnman
08-13-2011, 11:20 PM
According to the Detroit Free Press written by Cecil Angel, it says:

In its Stop Sale use, or Removal Order, the EPA said that DuPont had test data that showed its herbicide Imprelis was harmful to Norway spruce, balsam fir and other trees when it was given EPA approval last August.

Despite that test data, DuPont "does not warn or caution about potential damage to trees," the EPA said. There was nothing in the labeling or instructins that indicated that it could hurt certain trees, the EPA said.

As part of the investigation, the EPA asked DuPont in July to submit Imprelis test data and other information, including thousands of reports of tree damage.

According to the EPA, the test data was "confirming that certain coniferous trees, including Norway spruce and balsam fir, are susceptible to being damaged or killed by the application of Imprelis.

If we as LCO had been given this information, there is no way this chemical would have been used. We have been lied to and deceived I hope Dupont gets what they deserve for the damage they have caused to our customers and our reputations.

grassman177
08-13-2011, 11:24 PM
Really, so they knew it and still proceeded!?
That is super F,d up.

Now I know it was all about the money.
Posted via Mobile Device

White Gardens
08-13-2011, 11:28 PM
Really, so they knew it and still proceeded!?
That is super F,d up.

Now I know it was all about the money.
Posted via Mobile Device

Agreed.

DuPont thought they had a magic bullet for lawn herbicide applications and probably supressed the information and figured that " do not apply to the drip line of trees" was going to be enough to cover their butts.

I hope they take at least a good hit from this fiasco. They've really put a hurt on the reputation of LCO's that applied their product and got damage.


...

lawn king
08-14-2011, 05:46 AM
It all comes down to corporate greed gentlemen. The mega dupont & the almighty dollar! Sad!!!!

phasthound
08-14-2011, 09:18 AM
So here we have a case of corporate greed and the EPA doing it's job as mandated by law while many politicians are clamoring to gut the EPA. Hmmm. not saying we have a perfect system, but think about the consequences of letting huge corporations run free with less checks and balances.

grassman177
08-14-2011, 09:33 AM
agreed phasthound. dont cut the epa, i mean are you kidding>?

ReddensLawnCare
08-15-2011, 09:18 PM
My JD dealer told me this spring that I shouldnt spray it around any kind of evergreen. I have multiple pines in some yards and spruces as well. I would give everything a 5/6' buffer and I have had no problem. I hate that for those of you that did, but I love the product. I treated half my yards with 3way this spring and the other half with imprelis, the difference come July was crazy exciting and I couldnt wait to put this down during aeration season since it is a post, and pre emergent. I will have to find something else. Can I put down Solitair at time of seeding. The past month I have been spraying 6oz of Drive XLR8, 2.5oz of 90/10 surfactant, and 12ml of imprellis to every 4 gallons of water and couldnt be happier. I hope they get this figured out b/c Imprelis was becoming my favorite selective Herbicide.

pieperlc
08-15-2011, 10:07 PM
The weed control was excellent, not doubt about it. I wish my dealer knew not to treat around evergreens so he could have told me, but he was as appalled as I was when it all hit the fan. I'm curious as to how he knew of this. Ask him for us if you would please? As for implelis, I think the stop sale and/or use order as well as the buyback program is a good indicator that we will never see this chemical again.

My JD dealer told me this spring that I shouldnt spray it around any kind of evergreen. I have multiple pines in some yards and spruces as well. I would give everything a 5/6' buffer and I have had no problem. I hate that for those of you that did, but I love the product. I treated half my yards with 3way this spring and the other half with imprelis, the difference come July was crazy exciting and I couldnt wait to put this down during aeration season since it is a post, and pre emergent. I will have to find something else. Can I put down Solitair at time of seeding. The past month I have been spraying 6oz of Drive XLR8, 2.5oz of 90/10 surfactant, and 12ml of imprellis to every 4 gallons of water and couldnt be happier. I hope they get this figured out b/c Imprelis was becoming my favorite selective Herbicide.

maelawncare
08-16-2011, 06:01 AM
As for implelis, I think the stop sale and/or use order as well as the buyback program is a good indicator that we will never see this chemical again.

We will see it again. It will just be renamed and relabeled in a few years to confuse the sheep.

Why let a perfectly good chemical that took years to develop go to waste because of a few bad applicators. (Dupots answer not mine. ;))

grassman177
08-16-2011, 11:57 AM
i am pretty sure it will just be relabeled too, just speculation of course, but it makes sense.

Mark Oomkes
08-16-2011, 02:37 PM
So the fact that the EPA allowed Imprelis to be rushed to market and not go through the normal testing that other pesticides do makes the EPA completely innocent in this mess?

I don't buy that the EPA was totally unaware of any problems or they really did their due diligence if the problem was so readily apparent within weeks of it's first applications.

ReddensLawnCare
08-16-2011, 03:43 PM
The weed control was excellent, not doubt about it. I wish my dealer knew not to treat around evergreens so he could have told me, but he was as appalled as I was when it all hit the fan. I'm curious as to how he knew of this. Ask him for us if you would please? As for implelis, I think the stop sale and/or use order as well as the buyback program is a good indicator that we will never see this chemical again.

Yall are gonna love this..So I went to my dealer today to talk to him, and he informed me that his Dupont rep advised him to warn the end users about the risks associated from evergreens because of soil leaching....so how did Dupont discover this problem? The killed the trees at their testing facility with it:hammerhead::hammerhead::confused: I lost a lot of respect for dupont this morning:cry:

PR Fect
08-16-2011, 05:56 PM
[QUOTE=pieperlc;4131846]The weed control was excellent, not doubt about it. QUOTE]

No the weed control was not that great. Imprelis is not labeled for Yellow Woodsorrel, and did not control it at all. It also does not control Prostrate Knotweed unless you do two applications? If I need top do two apps, I may as well use 3-way. It did however smoke Ground Ivy and Wild Violet and they did not come back. We have many lawns that look great from our applications of Imprelis in May, If you look past the Woodsorrel, Knotweed, and Pineappleweed.:rolleyes:

grassman177
08-16-2011, 10:31 PM
no weed control gets them all,

thought you guys would like to know that the investigative team from dupont is coming to our sites tomorrow to gather samples etc. i just look at it as another step in the direction to getting the trees pruned or replaced, cuz THAT is what is needed to say the least.

pieperlc
08-16-2011, 10:47 PM
no weed control gets them all,

thought you guys would like to know that the investigative team from dupont is coming to our sites tomorrow to gather samples etc. i just look at it as another step in the direction to getting the trees pruned or replaced, cuz THAT is what is needed to say the least.

Let us know how it goes.

johndeereguy
08-18-2011, 06:43 AM
I used 5 gallon of Imprellis this year, on over 500 lawns, with many spruce trees, and have not had ONE problem. I am so disapointed to see it go away. My rep is checking to see if he can get a hold of any more Imprellis, if not, I am in the market, looking to buy 5 gallons of it. If anyone has some they are wanting to get rid of. Let me know

Grassworks Inc.
08-18-2011, 07:22 AM
According to our Harrell's rep, the EPA just pulled the label and registration on it. Illegal to use it. Big $$ fines if you're caught applying it.

grassman177
08-18-2011, 07:10 PM
According to our Harrell's rep, the EPA just pulled the label and registration on it. Illegal to use it. Big $$ fines if you're caught applying it.

thought that was easy enough to understand.

what in the hell would you WANT to use something that has been killing trees and has been recalled for:nono::hammerhead:WOW to that guy!

grassman177
08-18-2011, 07:12 PM
OH, by the way.....

the investigative team consisted of a cert arborist(which i am also one), a sample taking lab tech, and a rep from dupont.


they said very little and offered NO opinions as to avoid anything that could be used against them. it was a very detailed look at the trees, samples and very quiet towards us. kinda weary of this a bit. just too shady feeling.

pieperlc
08-18-2011, 07:51 PM
OH, by the way.....

the investigative team consisted of a cert arborist(which i am also one), a sample taking lab tech, and a rep from dupont.


they said very little and offered NO opinions as to avoid anything that could be used against them. it was a very detailed look at the trees, samples and very quiet towards us. kinda weary of this a bit. just too shady feeling.

How many sites did you have damage on? How many did they visit?

DA Quality Lawn & YS
08-18-2011, 09:55 PM
OH, by the way.....

the investigative team consisted of a cert arborist(which i am also one), a sample taking lab tech, and a rep from dupont.


they said very little and offered NO opinions as to avoid anything that could be used against them. it was a very detailed look at the trees, samples and very quiet towards us. kinda weary of this a bit. just too shady feeling.

Not sure why they are sneaking around. They know dang well what happened. They can plan on writing you (and others) a check to replace trees late this fall or next spring. They have no choice, else be sued out the yingyang class action style. And they will lose such a proposition.

On a side note - do any of you think Dupont simply got their rates much too high for the label?
My brother (biz in IA) applied Imprelis to many lawns at the lower rate 3.0 oz/ac and in some cases, even below label rate. He still got good weed control on hard to controls, yet did not have any damage to evergreens at all. He applied with a PG, same as me.

grassman177
08-18-2011, 10:19 PM
How many sites did you have damage on? How many did they visit?

damage on two sites of about 7 treated, although the others have some of the same evergreens, there are huge mulch beds around them so the root structure was more proctected i think. the damaged sites are trees in turf areas. they visited only the two sites

grassman177
08-18-2011, 10:20 PM
Not sure why they are sneaking around. They know dang well what happened. They can plan on writing you (and others) a check to replace trees late this fall or next spring. They have no choice, else be sued out the yingyang class action style. And they will lose such a proposition.

On a side note - do any of you think Dupont simply got their rates much too high for the label?
My brother (biz in IA) applied Imprelis to many lawns at the lower rate 3.0 oz/ac and in some cases, even below label rate. He still got good weed control on hard to controls, yet did not have any damage to evergreens at all. He applied with a PG, same as me.

i dont think this has been asked on here yet!

anyone use the lower rate and have damages?

Young Bros
08-19-2011, 12:18 AM
We used the normal rate & had no damages. Although after we heard they did damage we stopped using on lawns with evergreens. We mixed ours with liquid fert round #2 with no pre-m.

sprayboy
08-19-2011, 08:49 AM
Not sure why they are sneaking around. They know dang well what happened. They can plan on writing you (and others) a check to replace trees late this fall or next spring. They have no choice, else be sued out the yingyang class action style. And they will lose such a proposition.

On a side note - do any of you think Dupont simply got their rates much too high for the label?
My brother (biz in IA) applied Imprelis to many lawns at the lower rate 3.0 oz/ac and in some cases, even below label rate. He still got good weed control on hard to controls, yet did not have any damage to evergreens at all. He applied with a PG, same as me.

Is Larry your brother?

DA Quality Lawn & YS
08-19-2011, 09:33 AM
:laugh:
Don't think so. I am in my 30's and Larry is just a few years older than that:)Is Larry your brother?

RABBITMAN11
08-19-2011, 01:47 PM
I've got a meeting next week for a few sites as well. This will be the second time I've been out to properties with their investigators...

31bro
08-19-2011, 03:52 PM
Well we have not had anyone from dupont even try to call us to come out. So turned it over to our insurance and let them battle it out. We have around 40 sites and over 400 trees affected.

Hogjaw
08-19-2011, 09:20 PM
Had a pop up yesterday of an advertisement of lawn firm asking if have you had damaged trees in your lawn this year.

Guess they are ready to leap on this.

grassman177
08-19-2011, 11:04 PM
Well we have not had anyone from dupont even try to call us to come out. So turned it over to our insurance and let them battle it out. We have around 40 sites and over 400 trees affected.

did you contact dupont? you have to do that in order for them to call you. just saying cuz you did not mention either way

31bro
08-22-2011, 04:33 PM
did you contact dupont? you have to do that in order for them to call you. just saying cuz you did not mention either way

Yes Dupont has been contacted and I have a reference number, and the chemist have been to almost all the properties. I even tried to call again and the operator just gave me the run aound.

RABBITMAN11
08-22-2011, 08:22 PM
Just wondering if i should contact the chemist for all of our properties. Any one have a opinion.

Grassworks Inc.
08-24-2011, 06:26 AM
Another article from the hometown paper:
http://www.delawareonline.com/article/20110824/BUSINESS/108240314/Consolidation-Imprelis-cases-left-federal-panel?odyssey=tab|topnews|text|Home

31bro
08-25-2011, 03:45 PM
Just wondering if i should contact the chemist for all of our properties. Any one have a opinion.

We decided to have the chemist look at all of our properties. They have been very helpful. We are doing it just to save our butt because dupont has not reponded to us.

RABBITMAN11
08-25-2011, 05:49 PM
We had our meeting today with Duponts hired independent arborist, and private party recorder. No real info passed on from them. They are instructed to give no info regarding duponts position. Paid outside consulting.

indyturf
08-25-2011, 09:15 PM
I got a call today that they will be looking at 3 of my properties on Monday. the lawns were randomly picked and I know one of the 3 has already cut the tree down. I'm still finding more damaged trees. Today I found 63 white pines that have Imprelis damage in a Condo neighborhood. the property owners have not noticed it yet, I'm turning it in to Dupont and going to wait to inform the property owners as long as I can to avoid as much drama as possible.

grassman177
08-25-2011, 09:35 PM
still abig Fing mess

of course we WAIT around to hear what is going to be done, my customers are now starting to lose patience and want to know what is going to be done.

indyturf
08-26-2011, 01:24 AM
Mine too! hope they get going

31bro
08-26-2011, 02:45 PM
We had our meeting today with Duponts hired independent arborist, and private party recorder. No real info passed on from them. They are instructed to give no info regarding duponts position. Paid outside consulting.

Rabbitman, Have you had any conversations with your insurance yet or just dupont?

RABBITMAN11
08-26-2011, 04:24 PM
Rabbitman, Have you had any conversations with your insurance yet or just dupont?

Both...My Insurance company told me to let them know if I wanted to start the claims. But as of right now I'm holding out on Dupont. Talked to the State chemist yesterday and They have overwelming evidence that this is not a applicator error, They collected over 400 property samples and data to prove that this to be a label problem. They are also just about ready to send letters to all companies who have bought or used Imprelis to issue a State wide stop use.

sprayboy
08-26-2011, 04:42 PM
Both...My Insurance company told me to let them know if I wanted to start the claims. But as of right now I'm holding out on Dupont. Talked to the State chemist yesterday and They have overwelming evidence that this is not a applicator error, They collected over 400 property samples and data to prove that this to be a label problem. They are also just about ready to send letters to all companies who have bought or used Imprelis to issue a State wide stop use.

They already done that.........

http://www.isco.purdue.edu/pesticide/pest_pdf/dupont_imprelis_ssuro.pdf

pieperlc
08-26-2011, 05:51 PM
Dupont and the EPA issued a stop sale and use order several weeks ago. This certainly would have included Indiana?
Posted via Mobile Device

RABBITMAN11
08-26-2011, 07:02 PM
New letter! just got a few minutes ago...

grassman177
08-26-2011, 07:28 PM
that is a good letter. i am sure i have it too, or will very soon

Grassworks Inc.
08-26-2011, 07:50 PM
pretty sure a federal stop use order would trump a state order. DuPont T&O division is toast at this point. Any guess as to who buys it?

Young Bros
08-26-2011, 07:59 PM
pretty sure a federal stop use order would trump a state order. DuPont T&O division is toast at this point. Any guess as to who buys it?

bayer maybe???