Benlate Fungicide Causes Birth Defects

Date:05-05-2010


Benlate is a fungicide, which is used pre-harvest and post-harvest as a dip or dust to combat a wide range of fungal diseases in arable and vegetable crops. Benomyl is the active ingredient in the brand name product Benlate, produced exclusively by DuPont.

Before DuPont discontinued manufacturing Benlate in 2001, this fungicide had long been one of DuPont’s most successful products and was registered worldwide for many crops. Benomyl was first synthesized by DuPont in 1959.

Production of Benlate began at the Belle, West Virginia plant in 1969. Benlate was introduced in 1970 in a wettable powder form. Additionally, the company attempted to introduce another alternative, however, due to the presence of an herbicide in some lots, the alternative was recalled in 1989 and 1991.

Benlate and Lawsuits

These recalls of Benlate due to contamination generated hundreds of claims–mainly for damage to crops. DuPont initially paid many claims and initiated their own studies into the alleged damages. When internal studies did not provide details of the Benlate birth defects, all other claims were denied.

In the following decade, DuPont faced hundreds of Benlate lawsuits ranging from crop damage to personal injury. The litigation results were mixed. DuPont won cases before some courts and lost in others. Ultimately, citing business reasons, the company decided to stop manufacturing Benlate worldwide in 2001, even though they still claim there is no credible scientific evidence demonstrating that Benlate caused either damages to crops or injuries to human health.

The company has faced a vast number of claims for Benlate damage to crops, soil, and health, and announced that it is no longer willing to bear the high and continuing costs of defending the product in the US legal system.

DuPont continues to defend itself in legal ongoing matters. As of June 30, 2004, DuPont has incurred costs and expenses of approximately $1.9 billion from all Benlate associated matters. Nearly $250 million in costs and expenses have been recovered through insurance by the company.

Benlate and Exposure During Pregnancy

However, studies have shown that the exposure to Benlate in the first trimester of pregnancy can cause anopthalmia (no eyes) or microphthalmia (small eyes) in a fetus. Thus, a fetus would not fully develop or would not develop anything at all in their eye cavities. In 1972 the U.S. DuPont was advised by the Environmental Protection Agency (EPA) to place a warning on their product, Benlate, informing individuals of the birth defects.

However, DuPont lobbied the EPA and persuaded them to believe that the label on Benlate was not only unnecessary, but misleading as well. If you have been exposed to Benlate Fungicide and have suffered injury, you may have a legal case and it is advisable to contact an experienced legal counsel for the chance at developing a Benlate Fungicide lawsuit.