DuPont has been marketing and selling Imprelis as an environmentally-friendly solution for controlling weeds in grass and turf. Since early June, however, damage to evergreen trees in treated areas has been seen nationwide.
Salt Lake City, Utah (PRWEB) July 20, 2011
On July 18, 2011, a Park City lawn care company, Greenleaf Enterprises, Inc., filed a lawsuit in the Federal Federal District Court for the District of Utah (case 2:11-cv-00664-DN) against E.I. du Pont de Nemours & Company ("DuPont”), alleging that DuPont’s new herbicide, Imprelis, is causing severe damage to evergreen trees and shrubs. Siegfried & Jensen represents Greenleaf in the lawsuit.
The suit alleges DuPont has been marketing and selling Imprelis as an environmentally-friendly solution for controlling weeds in grass and turf, and that since early June, damage to evergreen trees in treated areas has been seen nationwide. These trees include ornamental blue spruce, Norwegian spruce, and white pines. According to the suit, initial studies indicate that Imprelis is the culprit, and complaints have been so numerous that the EPA has begun an investigation into the product.
While Imprelis is mostly purchased by lawn care professionals, those companies then spray the product on customers’ yards and land, including residential homeowners, golf courses, parks and cemeteries. The defendant in the suit alleges that within weeks of applying Imprelis, affected trees begin showing signs of damage, including dried, curling, or drooping needles. They also allege that any trees exposed to Imprelis end up dying, requiring costly removal and replacement, and that DuPont has acknowledged in correspondence to landscape professionals that Imprelis may persist in treated areas for months, and could kill new trees that are planted in the area for up to a year after treatment.
A single gallon of Imprelis can be used to treat dozens of acres of turf, Greenleaf Enterprises allege that they only purchased and used only two gallons of the product, yet has documented damage in over 250 of its customers’ trees. Greenleaf estimates that of those, over 150 are likely to die.
The complaint alleges that DuPont failed to properly test Imprelis before it released the herbicide, failed to disclose the risks and warnings needed to safely use the product, and then marketed the product as a safe and superior way to control unwanted weeds. Through its counsel, Siegfried & Jensen, Greenleaf is seeking relief for its own costs and expenses incurred in now treating the damaged trees, as well as the cost of replacing any dying trees for its customers.