Locks Law Firm is accepting birth defect cases on behalf of children suffering from low birth weight, decreased IQ, and impaired brain development and motor skills due to exposure to the herbicide Dacthal (“DCPA” or “dimethyl tetrachloroterephthalate”).
The most at-risk individuals are the children of farmworkers whose pregnant mothers worked around crops treated with DCPA, such as bok choy, broccoli, Brussels sprout, cabbage, kale, and onions. The children of pregnant mothers who spent time around areas where DCPA was applied, including lawns, fields, or artificial turf, are also at risk.
On August 6, 2024, the United States Environmental Protection Agency (“EPA”) announced an emergency ban on DCPA, effective immediately, suspending its use or sale for any purpose. EPA found that unborn children of pregnant mothers exposed to DCPA can develop significant changes to fetal thyroid hormone levels resulting in irreversible birth defects and developmental disorders, such as low birth weight, decreased IQ, and impaired brain development and motor skills.
“DCPA exposure represents a serious risk to pregnant workers and their children, so it’s imperative that we warn people about those risks now,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff. “We’re committed to taking action to protect the health of children, workers, and others who are exposed to DCPA.”
According to EPA, exposure to DCPA can occur long after its initial application, and the risks are much greater than previously thought. DCPA product labels have stated that entry into a field treated with DCPA should be restricted for 12 hours, but new evidence shows that the DCPA levels in treated fields remain unsafe for up to 25 days or more. EPA also estimates that some pregnant individuals handling DCPA products could be subjected to exposures 4 to 20 times greater than what current DCPA product label instructions indicate is considered safe.
EPA is further considering health risks to individuals who did not even enter DCPA treated areas.
Spray drifts from the use of DCPA–whereby droplets of the herbicide are carried through the air– may expose unborn children and pregnant individuals who live close to agricultural fields. In a 2009 study, investigators found traces of DCPA inside homes located over 1.5 miles from the nearest agricultural field. A 2019 study found more than 50 percent of adolescent girls living in agricultural communities in the Salinas Valley, CA had been exposed to DCPA, and the odds of detecting DCPA were 3.1 times greater if the study participant lived near a field.
DCPA has been used in the United States since the late 1950s. However, EPA only first became aware of its serious potential health risks in 1995, when a study showed that certain animals developed thyroid tumors after exposure. In 2009, DCPA was banned in the European Union (“EU”), but continued to be used in the United States despite growing concerns.
This is the first time in over 40 years that EPA has used its emergency authority to immediately stop the use of a pesticide. But, the move is long overdue. 11 years ago, the agency first ordered AMVAC Chemical Corporation (“AMVAC”)–the sole manufacturer of DCPA–to turn over its relevant health hazard information, including data about the toxic effect of DCPA on fetal thyroid hormones.
The undue delay in protecting unborn children from DCPA may be the result of possible negligence by AMVAC, but also inherent flaws in the ability or inclination of EPA to ban pesticides that are harmful to humans or the environment. Evidence produced in pesticide litigations, such as the RoundUp litigation involving glyphosate, has shown that EPA oftentimes bases its regulatory decisions on science developed by the pesticide manufacturers; slows the release of toxicology studies; and cherry-picks or buries safety data. As a result, many pesticides still widely used in the United States have already been banned or are in the process of being phased out by other major agricultural producers, like the EU, Brazil, or China. As of 2019, over a quarter of all U.S. agricultural pesticide use was from pesticides prohibited in the EU.
In addition to exposing humans to harm, there is evidence that lax enforcement of harmful pesticides in the United States will also negatively impact trade and lead to the loss of American exports, jobs, and money. For example, the pesticide Paraquat is highly toxic, banned in the EU, Brazil, and China, but continues to be used in the United States based on an understanding between EPA and chemical companies that it can still be used safely. In 2020, Thailand, a major importer of American wheat and soybeans, implemented a zero-tolerance policy for Paraquat residue on food imports, resulting in an estimated $700 million dollar export loss for Americans.
We all stand to lose if we do not act to minimize or eliminate the health risks of pesticides.
Locks Law Firm is investigating cases involving individuals who have lived around or worked in areas treated with DCPA and whose children were born with birth defects or developmental disorders. If you believe you or someone you know may have been affected by DCPA, contact us.
Sources
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Thai FDA Announced Ban of Paraquat and Chlorpyrifos on Imported Food Products, USDA Foreign Agricultural Service, Voluntary Report (Nov. 3, 2020), https://apps.fas.usda.gov/newgainapi/api/Report/DownloadReportByFileName?fileName=Thai%20FDA%20Announced%20Ban%20of%20Paraquat%20and%20Chlorpyrifos%20on%20Imported%20Food%20Products_Bangkok_Thailand_11-03-2020
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