Dicamba, the killer herbicide designated to succeed glyphosate, picks up the baton with its first conviction. 265 million dollars for ‘compensatory and punitive damages‘ is the bill against Bayer-Monsanto and BASF for causing the death of more than 30 thousand peach trees in an orchard near GMO soybean plantations where the broad-spectrum herbicide was sprayed at will. (1)
The drift effect(drift) of this poison has proven to be really dangerous, for peach trees as well as for Monsanto. So it was for Bayer, which acquired the U.S. Corporation in 2018, neglecting the signs that had already been glimpsed for at least a couple of years. Just in 2016-as we noted at the time (see. footnote 7 to the previous article) – the approval of the new agrotoxic ‘XtendiMax‘ by EPA(Environment Protection Agency, USA) was followed by the farmer’s claim for damages that led to this conviction.
Dicamba, ‘oldies but goldies‘
Dicamba is an octogenarian poison whose efficacy was tested during World War II at Jealott’s Hill House (Berkshire, UK), an agricultural research station established in 1927 by Imperial Chemicals that still houses Syngenta’s largest research center. After trials, which ended in 1942, the active ingredient was used in commercial and garden herbicides. Without ever achieving the success of other molecules, partly because of its extreme volatility that caused damage to off-target species.
In 2000, however, Monsanto’s patent on glyphosate, RoundUp, still the most widely used weed killer on a planetary scale, expired. RoundUp-ready GMO seeds-genetically engineered to resist, they alone, massive sprays of glyphosate-still allow huge quantities of RoundUp to be sold. But it appeared necessary to develop and patent a new broad-spectrum herbicide in order to make additional profits from its royalties.
Monsanto engineers, instead of devising a new molecule, thus recovered the old dicamba. In a new guise, thanks to the addition of an additive(VaporGrip) that-according to Monsanto-would reduce its volatility and prevent the formation of ‘dicamba acid.’ BASF collaborated in the work, as early as 2011, to make the herbicide ‘Engenia‘ in turn. This ushered in a new prospect of monopoly over global agriculture, with the super-herbicide and the GMO seed line able to survive its spraying in the fields.
#Dicamba, the first exemplary conviction.
The U.S. District Court in Cape Girardeau, Eastern District of Missouri, ruled on 01/27/2020 in Bader Farms v. Monsanto Company and BASF Corporation (1:16-cv-00299). The suit was initiated by Bill Bader to obtain compensation for damages caused by Monsanto and BASF to his farm in the ‘heel of the boot’ (‘bootheel‘ region) of Missouri, where peaches have been grown for more than 4 decades. Due to the sudden loss of more than 30 thousand trees caused by the drift effect of the two corporations ‘ dicamba-based herbicide sprays on farmland adjacent to the orchards, which were planted with ‘dicamba-resistant‘ GMO soybeans.
The corporations tried to defend themselves by theorizing that the cause of the sudden extinction of peach trees had been something else, a fungal invasion for example. In the wake of the disinformation campaigns viralized by the agrotoxin manufacturers’ lobbies (as also seen in the neonicotinoid investigation). But the court did not believe in the alien invasion and instead acknowledged the actual presence of super-poison in the destroyed orchards. Hence the order to pay $265 million, including $15 for ‘compensatory damages‘ and $250 as ‘punitive damages. (1)
The Dicamba papers
The Dicamba papers – Monsanto’s internal documents collected during the course of the investigation in the Missouri court – played a crucial role in proving the Corporation‘s bad faith. As was the case with the Monsanto papers in previous judgments on glyphosate. (7) Indeed, these documents show that the company had anticipated the possibility of facing several hundred subpoenas from farmers following the launch of the ‘Xtend’ system. (3)
Steve Smith, a former member of a Monsanto dicamba advisory council, provided essential testimony in the case at hand, acknowledging that Bayer-Monsanto had received numerous warnings about the risks that the ‘dicamba system‘ could pose to farmers (3). With several thousand damage claims leading to a wide range of lawsuits in Arkansas, Illinois, Kansas, Mississippi, Missouri, Nebraska, South Dakota, and Tennessee. (5)
The University of Missouri in turn, in a June 2018 report, attests the damage done by dicamba to 1.1 million acres (or 445 thousand hectares) of crops in the US. Some states have therefore introduced restrictions on its spraying, which is completely banned in Arkansas. (6)
GMO soybeans and dicamba in Europe
In Europe, dicamba-resistant GMO soybeans have already been approved for cultivation for use in the preparation of food, feed and their ingredients. (8) The ‘dicamba system’ is presented with the ‘added value’ of being able to defeat even the super-infestants(superweeds) that have become resistant to glyphosate. Also because of its high water-solubility and greater ability than glyphosate to persist in the environment. A perfect ecocide.
After all, the Big 4, the global pesticide and seed monopolists, have already been granted permission to market several herbicides that contain dicamba. Such as Mondak 480 S, which Syngenta offers for corn, sorghum, wheat (including durum wheat) crops, as well as stubble. Also in combination with other agrotoxics as desired. Ivi including glyphosate on which meanwhile, only in the U.S. for now, condemnations are raining down. (7) Still pending scientific evaluation of the risks to human health and the environment associated with the so-called ‘ cocktaileffect’.
#Buycott! Palm oil, GMO soy, and meats from the Americas. We invite all our readers to sign and propagate the #Buycott!! petition by following the link https://www.egalite.org/buycott-petizione.
Dario Dongo and Camilla Fincardi
Notes
(1) Carey Gilliam, It’s Farmer v. Monsanto in court fight over Dicamba herbicide, Sierra, 3.2.20,
Jef Feeley, Tim Bross and Tim Loh,
Bayer’s Dicamba hits tests patience of frustrated investors.
, Bloomberg, 14.2.20,
(2)
The Dicamba Papers: key documents and analysis
. (2020). U.S. Right to Know,
(3) See Johnathan Hettinger,
Dicamba on trial, Midwest Center for Investigative Reporting.
, 27.01,20,
(4) See Carey Gillam article in note 2.
(5) See Madelyn Beck, Federal Suit Alleges Companies Knew Dicamba Would Drift, Monsanto Created Monopoly, Harvest public media, 2.8.18,
(6) Kevin Bradley. (2018).
Dicamba injures crops and Plants Becoming More Evident: June 15th Update
. University of Missouri,
(7) See previous articles https://www.greatitalianfoodtrade.it/salute/glifosato-il-primo-conto-da-289-milioni-di-dollari, https://www.greatitalianfoodtrade.it/salute/il-glifosate-fa-male-nuovi-studi-e-seconda-condanna-in-arrivo-in-usa, https://www.greatitalianfoodtrade.it/consum-attori/glifosate-condanna-da-2-miliardi-di-dollari-per-monsanto
(8) GMO soybean MON 87708 (for food, feed and other uses, authorized until 26.4.25) and MON 87708 × MON 89788 (same uses, authorized until 25.7.26)
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Law at the University of Bologna and in Italian-French law at the Université Paris Nanterre, she is currently enrolled in the Master in Law and Food Safety Consultant at the University of Bologna.
