News

Suit seeks compensation and injunction against Xtend technology

A suit against Monsanto and other companies over alleged dicamba crop damage seeks compensation and the removal of the technology from the market.  Plaintiff’s attorney Paul Lesko tells Brownfield the suit focuses on Monsanto’s Xtend dicamba-tolerant technology that he says has resulted in drift injury to crops that do not have tolerance to dicamba.  In addition to damages, Lesko wants an injunction against the technology because he says farmers might feel compelled to plant Xtend soybeans simply to avoid dicamba drift injury.

“Next year, if they want to plant soybeans, they almost have to buy the product to protect themselves and it’s a cycle we hope, with this lawsuit, to break,” Lesko told Brownfield Ag News, “because we think the farmer should be able to buy whatever they want to buy.”

Monsanto says the suit – filed last week in a St. Louis – is without merit.  The company says it’s worked extensively to educate growers and applicators of the application requirements for less volatile XtendiMax herbicide.  It also says it didn’t sell the herbicide in 2016, when complaints began.

Lesko represents seven Arkansas farmers.

“We don’t know the full extent of how it’s going to affect their yields,” said Lesko, “but we do want compensation for them due to the damage on their crops.”

Also named defendants in the suit are BASF and DuPont, because they each market their own dicamba based herbicides for Xtend technology, and Pioneer because it sells soybeans with Xtend technology.

DuPont says thousands of its customers have successfully used its FeXapan dicamba herbicide and Pioneer Xtend soybeans.  DuPont says it’s committed to stewardship of the technologies.

AUDIO: Paul Lesko (6 min. MP3)