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Imprelis Class-Action Product Liability Settlement Approved by Federal Court

The federal judge in the U.S. District Court for the Eastern District of Pennsylvania has given his preliminary approval for the Imprelis class-action product liability settlement.

The case arose from damage allegedly caused by DuPont’s marketing and sales of its Imprelis herbicide as harmless for surrounding vegetation. However, after it was launched in 2010, there were a huge number of complaints that it was not just killing off weeds, but also harming trees.

The U.S. Environmental Protection Agency (EPA) launched an investigation of Imprelis and DuPont, which resulted in a suspension of the product. The U.S. government then issued an order forcing DuPont to cease selling Imprelis on the market.

By the time DuPont agreed to resolve claims associated with Imprelis, lawsuits had been filed all over the nation for negligence, product liability, and violation of consumer protection laws. Some lawsuits filed by third-parties who suffered damage named DuPont as a co-defendant along with the product users.

All the cases were then consolidated as multi-district litigation. As per the settlement now filed and approved by the federal court, the company will pay for tree removal, and provide class members with fees for maintenance. The company will provide an additional amount of 15 percent of these costs for incidental damages.

If any class member does not accept the settlement, this member can file an appeal against it. The settlement also specifies that class members do not waive their rights to sue the company for personal injury or environmental damage. Furthermore, class members may also seek to recover damages caused by payments to third parties related to the use of Imprelis.

DuPont will also be paying the legal costs of the claims administration process. They have agreed to pay attorneys’ fees expected to be about $6.5 million, along with $500,000 in legal costs, separately and in addition to what the class members are being paid.

Did you know?
There are three kinds of product liability claims that can be filed.
The first type is where the manufacturer has provided a faulty product. The second one is where the design or composition of the product is faulty, causing malfunctions for all buyers. The third type of product liability arises from deceptive labeling and marketing, wherein the company’s claims turn out to be untrue.