DCPA weed killer lawsuit investigation for pregnant farmworkers, nursery workers, landscapers

DCPA weed killer and adverse pregnancy outcomes: Who’s affected?

If you were regularly exposed to DCPA weed killer while pregnant and working as a farmworker, nursery worker, landscaper or in another agricultural occupation, and your child was born with medical or developmental issues, you may have a legal claim. 

In August 2024, the U.S. Environmental Protection Agency (EPA) issued an emergency order to stop the use of the pesticide dimethyl tetrachloroterephthalate, also known as DCPA or Dacthal. It is the first time in 40 years that the EPA has taken such emergency measures. 

DCPA pesticide is a weed killer that is commonly used on farms and nurseries where broccoli, Brussels sprouts, bok choy, cabbage, cauliflower, onion bulbs and radishes are grown. It is also used in non-agricultural applications on non-residential turf and ornamental horticulture, such as decorative landscaping. 

The EPA’s decision was driven by the danger DCPA poses to unborn children. Pregnant women exposed to DCPA—sometimes unknowingly—risk altering fetal thyroid hormone levels, which can lead to low birth weight, impaired brain development, reduced IQ, and impaired motor skills in their children. Some of these effects may be irreversible.

EPA takes emergency action to ban DCPA weed killer

In a rare move, the EPA issued an emergency order ending the use of DCPA due to the risks it poses to babies during prenatal exposure. 

“DCPA is so dangerous that it needs to be removed from the market immediately,” said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, Michal Freedhoff. “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. That’s why for the first time in almost 40 years, EPA is using its emergency suspension authority to stop the use of a pesticide.”

The EPA is actively pursuing the removal of Dacthal from the commercial market in order to further limit potential harm. This decisive action aims to safeguard human health by curtailing ongoing exposure.

The risks of DCPA exposure in pregnant women

Dacthal has been used throughout the country for over six decades and is widely used in the agricultural industry.

In May 2023, the EPA released an assessment of the risks associated with occupational and residential exposure to products containing DCPA, based on a thyroid study provided by AMVAC, an agriculture solutions provider. The findings revealed health risks linked to DCPA use, even when personal protective equipment and safety controls are employed. The most significant risks are to the unborn babies of pregnant individuals. 

The EPA estimates that some pregnant individuals handling DCPA products may be exposed to levels four to 20 times higher than what is considered safe for unborn babies.

There are also concerns about the risks to unborn babies of pregnant individuals who enter or work in areas where DCPA has already been applied, such as during tasks like transplanting, weeding and harvesting. 

Current product labels recommend restricting entry into treated fields for 12 hours after application, but evidence shows that DCPA levels in these fields can remain unsafe for 25 days or more, depending on the crop and task. Additionally, spray drift—the unintended spread of pesticide through the air during or shortly after application—could pose a risk to the unborn babies of pregnant individuals living near areas where DCPA is used.

DCPA and fetal risks

Dacthal has been linked to an array of adverse prenatal outcomes, including but not limited to:  

Decreased birth weights: Babies exposed to DCPA prenatally have shown an increased risk of below-average birth weight. This creates further challenges in terms of development and can cause long-term health issues.

Diminished brain development: In-utero exposure has been associated with impaired brain growth and development, leading to potential decreases in IQ and other cognitive problems. 

Decreased cognitive ability: Research has demonstrated that prenatal exposure may contribute to reduced intelligence quotient (IQ) scores and impaired motor function. 

A successful DCPA weed killer lawsuit may provide compensation for accrued medical costs and long-term needs for families who worked in farming and are now facing the challenges of caring for a child with needs resulting from prenatal exposure.

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