DCPA Lawsuit [2024 Guide]

What is Dacthal (DCPA)?

Dacthal, scientifically known as Dimethyl Tetrachloroterephthalate (DCPA), is a selective preemergence herbicide used primarily for controlling annual grasses and certain broadleaf weeds.

Introduced in the 1950s, DCPA was extensively utilized in both agricultural and non-agricultural settings, particularly on crops such as broccoli, onions, and melons, as well as in ornamental turf applications.

The herbicide works by preventing weed growth before they emerge from the soil, making it an effective tool for maintaining weed-free crops and landscapes.

However, DCPA’s widespread use has been marred by increasing concerns over its significant health risks.

In 1995, the Environmental Protection Agency (EPA) classified DCPA as a possible human carcinogen after studies revealed that the herbicide could cause thyroid tumors in animals.

This classification was a key turning point that raised awareness about the serious health risks associated with DCPA, particularly in relation to thyroid development and fetal thyroid hormone levels​.

The persistence of DCPA in the environment has been a major concern, especially its potential to contaminate groundwater and remain active in treated fields for extended periods.

These environmental risks, combined with its occupational and residential exposure potential, led the European Union to ban DCPA in 2009.

In the United States, the EPA issued a data call-in to the AMVAC Chemical Corporation in 2013, demanding further studies to address these serious concerns, particularly the risks posed to pregnant women and their unborn babies​.

Despite these regulatory efforts, AMVAC’s delayed and inadequate responses prompted the EPA to issue an emergency suspension of DCPA in 2024.

The suspension was based on the assessment found health risks associated with DCPA, including impaired brain development, low birth weight, and decreased IQ and impaired motor skills in exposed populations.

This decision underscores the irreversible health risks posed by DCPA and the need for stringent oversight to protect vulnerable populations from dangerous chemicals.

Where is Dacthal Used?

Dacthal (DCPA) is primarily used in agricultural settings across various regions in the United States, including major farming areas in states like California, Texas, and throughout the Midwest.

DCPA is applied to control weeds on a variety of crops, particularly cole crops like broccoli, Brussels sprouts, and cabbage, as well as onions and other vegetables.

Additionally, Dacthal is used in non-agricultural settings such as ornamental turf, golf courses, and athletic fields.

The herbicide’s usage is concentrated in areas where these crops are extensively grown and in regions where weed control on turf is necessary.

What Company Produces Dacthal (DCPA)?

Dacthal is produced by AMVAC Chemical Corporation.

This company is a major player in the agricultural chemical industry and has been responsible for the production and distribution of Dacthal for several decades.

Environmental Protection Agency (EPA) Bans Dacthal Due to Serious Risks

On August 6, 2024, the Environmental Protection Agency (EPA) issued an emergency suspension of the pesticide Dacthal (Dimethyl Tetrachloroterephthalate, or DCPA) due to its serious health risks to pregnant women and their unborn children.

The decision to halt the use of Dacthal, a herbicide commonly applied to crops like broccoli, onions, and cabbage, comes after decades of growing concern over its safety.

The EPA’s action was largely driven by recent studies showing that DCPA exposure can lead to significant disruptions in fetal thyroid hormone levels, resulting in impaired brain development, low birth weight, and decreased IQ and impaired motor skills.

These health issues are not only severe but often irreversible, raising alarm among health experts and environmental advocates.

The pesticide’s persistence in the environment—remaining at harmful levels for weeks after application—further exacerbates the risks of occupational and residential exposure, particularly in agricultural communities

The emergency order represents the first time in nearly 40 years that the EPA has utilized its emergency suspension authority to ban a pesticide, highlighting the gravity of the situation.

According to Michal Freedhoff, the EPA’s Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, the agency had no choice but to act swiftly to protect public health.

Freedhoff emphasized that Dacthal posed an imminent hazard to human health, especially to those who may have been unknowingly exposed, such as farmworkers and residents living near treated fields​.

Despite multiple data call-ins and requests for safety studies, AMVAC failed to provide the sufficient data required by the EPA to ensure that Dacthal posed no unreasonable risks.

This lack of compliance ultimately led to the EPA’s decisive action.

Public health advocates and environmental groups, including the Environmental Working Group (EWG), have praised the EPA’s decision, though they note that it is long overdue.

Advocacy groups have consistently warned about the dangers of DCPA, particularly its effects on vulnerable populations such as pregnant women and farmworkers.

The emergency suspension is seen as a critical step towards stronger regulation and protection against hazardous chemicals.

EPA Estimates and the Serious Health Risks of DCPA

The Environmental Protection Agency (EPA) has conducted extensive evaluations of Dacthal, focusing particularly on the DCPA technical grade product used in various agricultural and non-agricultural settings.

EPA estimates indicate that even with the use of personal protective equipment (PPE), workers exposed to DCPA face a serious health risk.

Health risks were found to be especially high for pregnant women and unborn babies.

The EPA’s assessments have revealed that the current safety measures, including PPE, may not be sufficient to mitigate the health risks, particularly for those in close proximity to treated areas.

These findings highlight the need for stricter regulations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to protect public health from the dangers associated with DCPA exposure.

Dacthal's Health Risks Explained

DCPA exposure has been linked to several serious health risks, particularly to unborn babies/developing young.

Research has shown that exposure to DCPA can disrupt thyroid hormone levels in pregnant women, leading to potential birth defects such as low birth weight, impaired brain development, and reduced motor skills, some of which may be irreversible.

The pesticide’s persistence in the environment exacerbates these risks, as DCPA can remain at dangerous levels in treated fields for up to 25 days, far longer than previously estimated.

This prolonged exposure is particularly concerning for farmworkers and residents living near treated areas.

Despite some mitigation efforts by the manufacturer, AMVAC Chemical Corporation, the EPA determined that these measures were insufficient to protect vulnerable populations, leading to the unprecedented suspension​.

Potential health risks of DCPA exposure include:

• Endocrine disruption, particularly affecting thyroid hormone levels
• Birth defects, including low birth weight and impaired brain development
• Neurodevelopmental issues, such as decreased IQ and motor skill impairments
• Respiratory problems in individuals exposed through inhalation
• Potential links to cancer, particularly thyroid tumors

The significant risks associated with DCPA exposure have prompted lawyers from across the country to investigate the potential of a nationwide Dacthal Lawsuit to address these health effects and seek compensation for affected individuals.

Do You Qualify for the Dacthal Pesticide Lawsuit?

The very rarely used notice from the EPA underscores the serious risks associated with DCPA exposure.

If you or a loved one were exposed to DCPA and suffered related health issues, you may be eligible to file a Dacthal Pesticide Lawsuit.

Lawyers are primarily focused on potential cases of exposure to pregnant women, whose unborn babies potentially have suffered impaired brain development, decreased IQ, and impaired motor skills.

Contact our law firm for a free consultation.

Use the chatbot on this page to get in touch with our DCPA lawyers today.

In chemical exposure lawsuits, attorneys can help individuals gather compelling evidence for their case and assess damages related to their exposure and subsequent health problems.

Gathering Evidence for a Dacthal Lawsuit

Evidence is the cornerstone of a successful personal injury lawsuit.

An experienced lawyer can help you gather evidence for your case, but this is a part of the process you may be able to start on your own.

Potential evidence in a Dacthal Exposure Lawsuit may include:

• Medical Records: Documentation of health issues linked to Dacthal exposure, including diagnoses, treatments, and any related medical expenses.
• Exposure History: Detailed records of when, where, and how you were exposed to Dacthal, such as employment records, residence history, or agricultural activities.
• Environmental Testing Results: Evidence of DCPA contamination in your environment, such as soil, water, or air quality tests, particularly near agricultural or non-agricultural areas where Dacthal was used.
• Expert Testimony: Statements from medical experts, toxicologists, or environmental scientists that link your health issues to DCPA exposure.
• Witness Statements: Testimonies from coworkers, neighbors, or others who can confirm your exposure to Dacthal and any resulting health effects.
• Product Labels and Warnings: Documentation of the Dacthal product labels, usage instructions, and any warnings provided by the manufacturer, especially if they were inadequate or misleading.
• Regulatory Documents: EPA reports, safety assessments, and other government documents that outline the risks associated with DCPA and the actions taken by regulatory bodies.

Damages in a DCPA Lawsuit

Damages refer to the total losses, economic and non-economic, incurred as a result of DCPA exposure and related health issues.

An experienced lawyer can help you assess and calculate damages in your case, allowing them to advocate for compensation that reflects how you’ve been impacted.

Possible damages to be claimed in a DCPA Lawsuit may include:

• Medical Expenses: Costs for past, present, and future medical treatments related to illnesses or conditions caused by DCPA exposure, including hospital stays, medications, surgeries, and rehabilitation.
• Lost Wages: Compensation for income lost due to an inability to work, either temporarily or permanently, as a result of health issues linked to DCPA exposure.
• Pain and Suffering: Damages for physical pain, emotional distress, and mental anguish endured as a result of the health complications caused by DCPA.
• Loss of Quality of Life: Compensation for the impact on your ability to enjoy daily activities, hobbies, and overall life satisfaction due to the adverse effects of DCPA exposure.
• Disability or Disfigurement: Damages awarded for any long-term or permanent disabilities or disfigurement resulting from exposure to DCPA.
• Loss of Consortium: Compensation for the negative effects that DCPA exposure has had on your relationships, particularly with a spouse or close family members.

TorHoerman Law: Investigating Dacthal Exposure and Legal Action

At TorHoerman Law, we are actively investigating the potential legal actions related to Dacthal (DCPA) exposure.

Our team is committed to understanding the full scope of health risks posed by DCPA and how it affects those who have been exposed.

We are dedicated to providing thorough legal representation for individuals seeking justice and compensation for their injuries.

With our experience in handling complex toxic exposure cases, we are prepared to advocate on your behalf and pursue the most favorable outcome.

If you believe you or a loved one have been harmed by Dacthal exposure, TorHoerman Law is here to assist you.

Reach out to us for a free consultation to explore your legal options.