Imprelis Tree Damage Class Action Settlement

Imprelis Tree Damage Class Action Settlement

By Mike Holter

DuPont has reached a class action lawsuit settlement over allegations its weed-killer Imprelis damaged trees and other vegetation. If you had unexplained tree damage after August 2010, it could be from Imprelis and you may be eligible to receive several benefits from the class action settlement, including free removal of damaged trees, replacement trees, and payment of between $30 and $19,000 for damaged trees that qualify for replacement. The settlement covers property owners, lawn care professionals as well as golf courses and other self-applicators.

The Imprelis settlement will resolve allegations raised in the consolidated class action lawsuit case In re Imprelis Herbicide Marketing, Sales Practices and Products Liability Litigation that the weed-killer damaged and killed certain trees and other non-target vegetation.

Imprelis was approved for use in all states across the country, except California and New York, and was used by lawn care professionals on residential and commercial properties as well as by golf courses and other self-applicators between August 31, 2010 and August 21, 2011. DuPont suspended sales of Imprelis after receiving reports of damaged and dying trees across the U.S.

DuPont does not agree with all the claims in the class action lawsuit, but has agreed to settle the claims to resolve the litigation.

Included in the Imprelis class action settlement are the following three Classes:

Class 1 Property Owners who own or owned property in the U.S. where:

• Imprelis was applied between August 31, 2010 and August 21, 2011, or
• Were adjacent to a property where Imprelis was applied between August 31, 2010 and August 21, 2011, and whose trees showed damage from Imprelis by February 11, 2013.

Class 2 Applicators (Lawn Care Professionals) that:

• Purchased Imprelis or received Imprelis from a purchases, and
• Applied Imprelis between August 31, 2010 and August 21, 2011 on property owned by another person or entity in the U.S. as part of their normal business.

Class 3 Golf Courses or Other Imprelis Self-Applicators that:

• Purchased Imprelis or received Imprelis from a purchaser, and
• Applied Imprelis between August 31, 2010 and August 21, 2011 on property in the U.S. that they own or owned.

Note for Class 3 Members:  A Self-Applicator is an entity, such as a golf course, business, township, or school district, with a licensed applicator on staff. If your business, government agency or other entity used a lawn care service that applied Imprelis, you are in the Property Owner Class.

The class action lawsuit settlement provides numerous benefits to Class 1 and Class 3 Members who submit valid claims:

• Assessment of Imprelis damage to determine whether damaged trees are eligible for removal and replacement, or tree care (for those who believe they have Imprelis-related tree damage);
• Removal of eligible damaged trees at no cost to you;
• Payment for eligible damaged trees that qualify for replacement (see chart below)
• Replacement trees of the same kind and size (up to 20 feet) are generally available at set prices from Qualified Tree Providers;
• Payment to purchase maintenance for replacement trees;
• Payment to purchase tree care for damaged trees that qualify for care but were not eligible for replacement;
• An additional payment of 15% of the total value of the remedies listed above to compensate for all other potential Imprelis-related claims including loss of aesthetic enjoyment, loss of use, loss in property value, or claimed damage to shrubs, grasses, or other plants; and
• Limited warranty until May 31, 2015, for trees on your property that do not currently show any damage or those whose condition worsens and later need replacement. This warranty is in addition to the two-year limited warranty provided with any replacement trees supplied by a Qualified Tree Provider.
• Payment for tree removal costs incurred by former property owners who paid to remove Imprelis damaged trees prior to the sale of their property. For more information, call 1-866-802-8112 (toll-free). You will be asked to provide certain documentation in order to proceed with a claim for tree removal payment.

Class 3 Members (golf courses and other self-applicators) will also receive up to $2,000 for time spent and expenses incurred for assessing Imprelis damage and reimbursement or credit for the return of any remaining Imprelis through Imprelis distributors. Class 3 Members may receive these benefits even if they already accepted compensation for tree damage in DuPont’s existing Imprelis Claims Resolution Process.

The ONLY way for Class 1 and Class 2 Members to receive benefits for tree damage is to file an Inspection Request Form by June 18, 2013.

Class 2 Members (Lawn Care Professionals) will receive the following benefits from the class action settlement:

• Reimbursement or credit for unused or partially used Imprelis returned to your Imprelis distributor;
• Compensation within set limits for customer site visits, field work, and expenses (those incurred as well as those paid to third parties) for investigating and documenting Imprelis damage before September 6, 2011; and
• Compensation for assisting your customers with the Settlement Claims Process, if applicable.

The ONLY way for Class 2 Members to receive benefits through the Settlement Claims Process is to submit a Reimbursement Request and supporting documents postmarked no later than June 18, 2013.

A Final Fairness hearing is set for September 27, 2013.

The necessary forms and more information on your rights in the Imprelis Class Action Lawsuit Settlement can be found at www.TreeDamageSettlement.com.

Updated April 15th, 2013

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