On August 6, 2024, the U.S. Environmental Protection Agency (EPA) issued an emergency order suspending the registration for the pesticide dimethyl tetrachloroterephthalate also known as Dacthal or DCPA. When pregnant women are exposed to this pesticide, even in low doses they may experience changes to fetal thyroid hormone levels that are linked to the baby being born with low birth weight, impaired brain development, and decreased IQ, They further may experience impaired motor skills later in life. Dacthal is manufactured by AMVAC® Chemical Corporation.
EPA Issues Emergency Order After Years of Regulatory Noncompliance
This is the first time in 40 years that this type of emergency order has been issued by the EPA. The order follows a decade of AMVAC®’s failure to provide required studies to the EPA pertaining to the safety and use of Dacthal.
In 2013, the EPA issued a Data Call-in Notice requiring AMVAC® to submit more than 20 studies to support their pesticide registrations. Over the course of the next decade, AMVAC® submitted incomplete data and more than 20 requests that the data requirements be waived for their products. One of these studies was a thyroid study on the effects of DCPA on thyroid development and function on persons and fetuses.
On April 28, 2022, the EPA issued a Notice of Intent to Suspend the Herbicide DCPA due to the continued failure to submit complete data. Objections were filed to the Notice of Intent to Suspend, including an objection by Dante L. Galeazzi the CEO and President of the Texas International Produce Association, who complained that “many of our 6,000+ family farms in the state would be disadvantaged both agronomically and economically if they were to lose access to Dacthal Flowable. In many cases, the alternative would be hand-weeding, which would entail additional labor.”
In August of 2022, AMVAC® finally submitted the required thyroid study.
On August 22, 2023, the EPA suspended the product registration for failure to submit other outstanding required information, however, this suspension was lifted in November after they submitted the remaining data.
In December of 2023, upon voluntary request by AMVAC®, the EPA issued a cancellation order terminating the approval for the use of DCPA on most turf.
On March 27, 2024, the EPA sent a letter to AMVAC® in which they summarized the ongoing risk concerns to human health and safety. They concluded that [the] “EPA has determined that currently registered products containing the herbicide DCPA likely cannot be used under current label directions without posing serious risks of concern in humans.” They went on to indicate that the data analyzed from the studies suggest that “a pregnant individual could be exposed to DCPA without experiencing adverse health effects to their own body, while the fetus being carried could experience permanent and significant lifelong adverse effects.”
On May 24, 2024, in an unrelated matter, AMVAC® entered into a felony plea to knowingly transporting unmanifested hazardous waste for transporting partially-filled containers of Thimet (another pesticide) to its facility in Alabama without following the correct labeling and/or documentation protocols.
On August 6, 2024, the EPA finally took serious action and suspended the registration for DCPA.
“DCPA is so dangerous that it needs to be removed from the market immediately,” according to Michal Freedhoff, the Assistant Administrator for the Office of Chemical Safety and Pollution Prevention.
What Was DCPA Used For?
DCPA was primarily used on crops such as broccoli, leeks, brussels sprouts, cabbage, bok choy, collards, kale, and onions. Because it was registered for both agricultural and non-agricultural use, it was also used in the past on turfs such as golf courses and sporting fields before the voluntary suspension order on August 22, 2023.
Inadequate Warning on DCPA
The warning label that is currently found on the product states that people should not be allowed to enter a field that has been treated for 12 hours after treatment. However, the EPA’s 2024 emergency suspension announcement states that the data from the studies show that the DCPA levels in treated fields may remain unsafe up to 25 days after application. Additionally, the drift from treatments may harm unborn children when pregnant women are either knowingly or unknowingly exposed.
What Products Are Covered by the EPA’s DCPA Suspension Order?
The Products that are covered by the EPA’s suspension order include:
- Dacthal Flowable Herbicide
- Dacthal W-75 Herbicide
- Technical Chlorthal Dimethyl
Who Is AMVAC®?
AMVAC® Chemical Corporation is an American Vanguard Company headquartered in the United States. According to their website “Since 1969, AMVAC® has successfully served the results-driven global markets through development, manufacturing, and marketing products for agricultural use.”
Talk to a Product Liability Attorney
If you worked on a farm while pregnant or lived near a farm while pregnant and your child was born with low birth weight or impaired brain development, you may want to discuss your options with a product liability lawyer. The science and understanding of these cases are expected to grow as we learn more information.
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