For the first time in decades, the U.S. Environmental Protection Agency (EPA) has issued an emergency ban. On August 6, 2024, the agency announced the ban on the weedkiller called Dacthal or DCPA due to its potential risk to unborn children. Worries about the weedkiller’s links to higher birth injury rates first began in 2013 when the EPA prompted the manufacturer – AMVAC Chemical Corp. – to produce evidence that proved it was safe for its intended use. After a decade of research, the EPA concluded it was not and issued the emergency ban.
A spokesperson for the EPA stated in a news release, “DCPA is so dangerous that it needs to be removed from the market immediately. […] It's EPA's job to protect people from exposure to dangerous chemicals. In this case, pregnant women who may never even know they were exposed could give birth to babies that experience irreversible lifelong health problems.”
What is Dacthal?
Dacthal or DCPA is a weedkiller used both agriculturally and commercially, as well as on large privately owned lawns in some cases. The substance is applied directly to different grasses, crops, and produce to stop the growth of weeds.
According to Dacthal’s product messaging, no one should be allowed to enter or walk through an area where it was applied for at least 12 hours to reduce exposure to the weedkiller. However, the EPA has cited growing evidence that unsafe levels of DCPA may linger in areas of application for about a month—if not longer. This extensive amount of unsafe exposure time also explains how DCPA is able to seep into the soil and groundwater, which appears to be how the substance has put so many pregnant women and unborn children in danger.
Why is Dacthal Dangerous?
Based on the EPA’s emergency ban, DCPA exposure poses a “serious risk” to the unborn children of pregnant women who live near fields and areas where Dacthal was applied. In some cases, unborn children of pregnant women were exposed to DCPA levels that were 20 times higher than what the EPA considers the “safe” minimum amount. With high levels of exposure, it appears that there is a significant risk of thyroid damage suffered by a developing fetus.
Fetal thyroid damage has been linked to:
- Unsafely low birth weights
- Slowed or hindered brain development
- Permanently impaired motor skills
Will There Be Dacthal Injury Lawsuits?
With the EPA ban on Dacthal being so recent, there are currently no official lawsuits filed against AMVAC Chemical Corp., the sole manufacturer of the weedkiller. However, DCPA has been used for decades in various industries and applications, so it is possible that thousands or even millions of pregnant women were exposed to unsafe levels of the substance during that time. It is likely that many mothers and people who were born with birth injuries after their mothers were exposed to DCPA will start exploring their legal options to bring product liability and birth injury lawsuits against the company.
At Hilliard Law, our Texas trial lawyers are currently investigating the situation surrounding Dacthal’s ban and how the weedkiller might have injured families in our communities. If you live near where Dacthal or DCPA was used or if you worked with the product and your child was born with birth injuries, we want to hear from you. The more people who share their stories with our firm, the more information we can use to prepare potential lawsuits – or a class action lawsuit or mass tort – against AMVAC Chemical Corp.
Call (361) 882-1612 or submit an online contact form to learn how to start a Dacthal weedkiller injury claim. We represent clients across Texas.