C&T, along with its co-counsel, has filed a class action lawsuit against DuPont on behalf of landscapers, lawn care professionals and other persons, entities, organizations and municipalities that purchased and/or applied Imprelis. Imprelis is a herbicide manufactured by DuPont, and is sold only to lawn care professionals (as opposed to residential consumers).
Imprelis is intended to kill unwanted broad leaf weeds (including dandelions, clovers, ground ivy and wild violets) without causing damage to turf and nearby trees. According to the complaint, however, there have been numerous reports of incidents of diseased and dying trees following the use of Imprelis. In light of these and other reports, the complaint alleges that certain statements made by DuPont touting the versatility of Imprelis were false, and that DuPont failed to fully and adequately disclose the risks of using Imprelis near trees. The complaint alleges that landscapers and class members have been harmed by paying for a product that can no longer be used near trees, and to the extent that they have been (and still may be) required to repair or replace the trees and other vegetation that has been adversely affected by Imprelis.
The complaint (available here) alleges causes of action under the Delaware Consumer Fraud Act, Delaware Deceptive Trade Practices Act, for breach of express and implied warranties, negligence, common law fraud, and unjust enrichment. The case is pending in the United States District Court for the District of Delaware. If you are a landscaper or lawn care professional that has purchased or used Imprelis, please contact the attorneys below.