Imprelis Discussion - it's damage, Dupont's Claim Process, Lawsuits filed, Experience

Discussion in 'Homeowner Assistance Forum' started by Starbuy, Feb 27, 2012.

  1. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    According to this report (see link below), 95% of Americans tested already have DuPont chemicals inside their bodies. Of course, aren't we all told we'll be okay? Testing has allegedly shown DuPont chemicals even as far north as the North Pole inside polar bears. One chemical was described as "...persists in the environment indefinitely and migrates long distances". Sounds familiar.

    It's no wonder people are opted out of the class settlement. What will be revealed in the future as further testing is done on the long term effects of Imprelis? How much deforestation has occurred? How much property damage has taken place and how much might still be taking place? What does it really take to remove all the toxin from a homeowner's property permanently and how much does that really cost when all factors are priced in for each situation (risks to utilities, foundations, driveways, other hardscapes, landscape beds, gardens)? If no trees are replaced, what is the erosion effect or water runoff effect into other properties? If the toxin isn't removed from your neighbor's property which has a higher elevation than yours, how long will your property be impacted? So many things to consider.

    http://articles.latimes.com/2005/dec/15/business/fi-dupont15
     
  2. rosewater

    rosewater LawnSite Member
    from SALINE
    Posts: 63

    Things are starting to "green up" but not in my back yard thanks to DuPont’s miracle weed killer, Imprelis.......this is my third season and I’m looking at dead, dying or deformed landscape. And it looks like my clematis is dead, it stood eight feet next to the 45' dead Norway Spruce.
     
  3. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    DuPont recently reported 1Q net income of $3.35 BILLION up from $1.49 BILLION a year ago. Who finds it amazing that their class settlement website lists the plants and shrubs they won't compensate for? So, do they expect you to pay for replacing a boxwood hedge or other types of shrubs if Imprelis damaged it? And, do they feel they just don't have the money to take full responsibility to compensate for full soil remediation to get all the Imprelis out of your property?

    On another Imprelis related subject...
    I've read recent articles which continue to warn that Imprelis may still be present in some compost and the possible damage that could occur when gardeners, landscapers and farmers spread it. As damaged trees, plants and shrubs continue to be removed there are chances these could end up at the wrong dumping sites and that could lead to them being mulched or composted. I personally called some sites and they knew nothing about Imprelis. Will we see more damage coming forth from people who unknowingly spread Imprelis laced mulch or compost on their properties or farms? Be careful where you pick up your mulch or compost.

    John E. Lloyd, Ph. D. posted a warning on April 4, 2013 "Beware says EPA: Is your compost safe, or will it damage your garden and landscape?"
    Link: http://planthealthdoctors.blogspot.com/
     
  4. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,776

    I applied imprellis to two different properties.

    Followed the label direction and applied to the turf.

    Of course there were large pines on one property and lots of landscaping.

    No damage, that I can tell (could be so minimal that it's not noticeable) has occurred on the one property.

    Basically I just can't wrap my brain around the damage that occurred to people's properties, especially when DuPont supposedly did years of testing and research of the product.

    Did applicators over apply? That's my only guess why there was such pervasive damage in places. The product had such an extremely low amount used per gallon that it makes me wonder if applicators were using way too much.

    My point being.... DuPont obviously put a bad product out there, but part of me thinks that the Applicators are partially at fault also.


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  5. TreeNut

    TreeNut LawnSite Member
    Posts: 80

    Of course, DuPont said the same thing. There are many properties that were sprayed at the same time by the same person at the appropriate rates. I have neighbors in our HOA who had absoultely no damage at all. What you should be asking is, "how could SO MANY people, in different states, and at different times, have NOT sprayed correctly to have caused this problem?" If a lot of people were making the same "mistake," something must be wrong with the product. It doesn't really matter--the stuff can migrate in very small amounts and cause irrepairable damage or death to trees.
     
  6. White Gardens

    White Gardens LawnSite Fanatic
    Posts: 6,776

    I'm not going to disagree with you only because I do agree with what you are saying.

    Again, I think DuPont put a bad product on the market.

    This product was the complete opposite of any other product on the market in terms of how much of the actual product was needed for each tank. If I remember correctly, it was 25% or less the amount of any other popular three way product on the market that was used in each tank.

    So, the next point being, did these applicators read and adhere to the label like they were supposed to by law.

    And the next point being that even though applicators are tested and licensed by law, the testing process isn't as strict as it should be. And companies are paying these applicators minimum wage to start out in this business. So when DuPont (again a bad judgement on their part) puts out a product with little to no fudge factor, in a field of undereducated and overworked "Professionals", then they should have seen this whole debacle a mile a way.

    And, yes, thinking like DuPont. The AI in Imprelis should have broken down over time to H20. I've done the chemical equations, but there is certain aspects of that equation that I don't know about that led to the residual effect of Imprelis, and why it's actually not breaking down.

    DuPont is also playing a big game of Chicken. It's seeing who is going to loose money first before the lawsuit is dropped. If you don't have the resources to take on such a big corporation, then I'm truly sorry you have to deal with it.


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  7. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    http://www.epa.gov/compliance/resources/orders/civil/fifra/dupontimprelisletter.pdf

    The 2011 letter is public information and available to all on the EPA's website. I find this excerpt interesting from the third paragraph:

    "...EPA has received thousands of documents from DuPont, many of which the company has claimed as confidential business information ("CBI") under FIFRA. EPA is concerned about the sweeping nature of DuPont's assertion of confidentiality and is evaluating whether these studies warrant such a claim under the law. FIFRA 10(d)(1) requires that safety and efficacy information be made available to the public. EPA believes that the public interest demands that this information be made publically available as soon as possible and, therefore, EPA strongly encourages DuPont to reconsider its CBI claims for these studies, especially for the phytotoxicity studies related to effects on trees."

    Here's the link to the August, 2011 EPA letter regarding their belief that this product was indeed misbranded: http://www.epa.gov/pesticides/regulating/imprelis-stopsale-letter.pdf

    Excerpt:
    Paragraph 1 (line 11-13) "EPA has reason to believe that DuPont has distributed or sold Imprelis in violation of Section 12(a)(1)(E) of FIFRA, 7 U.S.C. 136j(a)(1)(E), which prohibits the sale or distribution of any pesticide that is misbranded."
     
  8. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    http://www.epa.gov/compliance/resources/cases/civil/fifra/dupontimprelis.html#violations - "EPA has reason to believe Imprelis Herbicide is in violation of FIFRA based on DuPont’s own test data and information gathered during EPA and state investigations. The approved end-use label for Imprelis does not include Norway spruce and white pine as target species. The directions for use and/or warning or caution statements on DuPont’s Imprelis labeling are inadequate to protect non-target species, such as conifer trees, thus resulting in a pesticide product that is misbranded under sections 2(q)(1)(F) and/or (G) of FIFRA. Any distribution or sale of a misbranded product is in violation of FIFRA § 12(a)(1)(E)."
     
  9. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

  10. Starbuy

    Starbuy LawnSite Senior Member
    Posts: 335

    Dr. Jeff Gillman, author of several books including "The Truth about Garden Remedies" and "How Trees Die", expresses his concern in this blog (see link) about the possible lingering effects of Imprelis. He thought that we were nearing the end of the effects that this herbicide would have, but now he says he's not so certain.

    https://sharepoint.cahnrs.wsu.edu/blogs/urbanhort/default.aspx

    Dr. Gillman is an Associate Professor in the Department of Horticultural Science at the University of Minnesota.
     

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