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Jury awards $265 Million in dicamba peach case

A federal jury in Cape Girardeau, Missouri has awarded a southeast Missouri peach grower 15 million dollars in compensatory damages and 250 Million in punitive damages in its dicamba drift case against Bayer and BASF.

Bayer CropScience says it will appeal.  BASF is looking at its post trial options.

Attorneys for Bill Bader of Bader Farms, who were seeking $20.9 Million in damages, accused the companies of forming a partnership to speed up their dicamba-based products to market and “colluded” to release the Xtend seed fore approval for their dicamba-based herbicides Xtendimax (then Monsanto) and Engenia (BASF).

The lawsuit said Bill Bader’s peach trees suffered damage from dicamba drift and volitalization on more than 700 acres of peach orchards.

Bayer’s Statement on the Bader Verdict Attributable to Bayer:

We are disappointed with the jury’s verdict.  While we have empathy for Mr. Bader, Monsanto’s products were not responsible for the losses sought in this lawsuit and we look forward to appealing the decision. 

Despite the verdict, Bayer stands behind Xtend seed and XtendiMax herbicide products, which enjoy a 95% weed control satisfaction rate from the farmers who use them. We want our customers to know that, as this legal matter continues, we remain steadfast in our commitment to delivering them the effective and sustainable tools they need in the field.

BASF statement on Bader verdict:

We are disappointed with the jury’s verdict and will be looking at our post trial options. Dicamba based herbicides, like Engenia® herbicide, are critically important tools for growers battling resistant weeds in their soybean and cotton fields. The evidence revealed that we formulated our dicamba product to significantly reduce off-target movement and conducted extensive testing before receiving EPA approval to market Engenia herbicide in 2017.
On-target applications of Engenia herbicide continue to produce some of the cleanest fields in recent memory. We look forward to helping growers achieve clean fields again during the 2020 growing season.
BASF will continue to provide training to applicators and emphasize the importance of following the label requirements for Engenia herbicide to achieve on-target applications. We will also continue to work with academics, NGOs, and state and federal agencies to address any concerns they may have regarding off target movement.

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