Neighboring farmers have Lanham Act standing where false ads allegedly prompted pesticide use

In re Dicamba Herbicides Litig., MDL No. 2820, 2019 WL 460500 (E.D. Mo. Feb. 6, 2019)Plaintiffs, twenty-one soybean farmers from eight states (Arkansas, Illinois, Kansas, Mississippi, Missouri, Nebraska, South Dakota, and Tennessee), alleged that their soybean crops were damaged by the herbicide dicamba when neighboring farmers planted genetically modified dicamba-resistant seeds and sprayed that crop with dicamba. USDA permitted the sale of the dicamba-resistant seeds in January 2015, but the plaintiffs argue that commercial sale was wrongful because the EPA hadn’t yet approved a dicamba herbicide for use over the top of crops grown from those seeds. (The seeds could allegedly tolerate other herbicides, like Monsanto’s Roundup.)  Allegedly, the amount of dispersal of an herbicide varies and there are other herbicides that wouldn’t have drifted in the same way; dicamba had previously been a problem because of its volatility and propensity to drift,…

Read more detail on Recent Business Law posts –

This entry was posted in Business law and tagged , , , , , , , . Bookmark the permalink.

Leave a Reply