Suing Dicamba for Causing Crop Damage

The herbicide dicamba damages non-dicamba-tolerant crops, including cotton and soybeans. Farmers can control weed growth by applying dicamba and other herbicides, but drift can also affect crops and plants in surrounding areas.

Farmers suffering crop damage from dicamba drift filed lawsuits against the manufacturers. Many of these class action lawsuits have settled, but farmers continue to file claims against dicamba producers. For legal advice about crop damage and other dangerous effects of dicamba, talk to a product liability attorney.

Dicamba Crop Damage and Economic Loss

Dicamba is an herbicide that works with genetically modified dicamba-tolerant seed crops to kill broadleaf weeds and increase crop yields. In 2016, Monsanto began selling dicamba-resistant soybean seeds. However, spray drift from over-the-top application of the herbicide can cause significant damage to non-GMO crops and plants.

In 2017, the use of the herbicide dicamba resulted in unprecedented soybean crop damage on an estimated 3.6 million acres across much of the U.S. A U.S. Environmental Protection Agency (EPA) official estimates that the actual impact could be as much as five times higher. The U.S. Department of Agriculture estimated 15 million acres of crops were damaged in 2018 from the use of dicamba.

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Legal Claims Against Herbicide Manufacturers

Paul A. Lesko, an attorney in East Alton, Illinois, represented farmers in a class action lawsuit against the producers of dicamba. “In the agricultural industry, in order for a seed to sell, it has to be a GMO with some type of resistance to an herbicide, and designed to go with a particular product,” he says.

“The first ones out there were the Roundup Ready soybeans, which allowed you to spray Roundup, and what you’d get were clean, weedless fields. Over the years, some weeds have developed resistance to Roundup. So, it’s become contingent on manufacturers to develop seeds that have additional herbicide resistance.

“That’s where we get to this case,” Lesko continues. “Xtend and Engenia seeds have a resistance to dicamba. Dicamba’s not a new herbicide. It’s been around for 50 years and was typically used only in April or May for burn-downs and getting the fields ready. It drifts, and it’s hard to control, so the best time to use it is when there’s nothing else green around for it to damage.”

Dicamba was previously disallowed for use on crops due to its toxicity and volatility, but the EPA allowed three specific formulations in the 2017 growing year pursuant to company claims that these versions were less harmful than prior dicamba products. They were then sold to growers without undergoing the rigorous testing usually required for herbicide and pesticide use.

Early Signs of Dicamba Crop Damage

Early in the season, complaints began to come in, particularly in Arkansas, Iowa, and Missouri, where weather conditions allow for temperature inversion.

“During the day, it’s cooler in the air and warmer on the ground,” explains Lesko. “But at night, it flips, and it’s warmer in the air and cooler on the ground. Since dicamba volatilizes, that inversion picks up an entire cloud of it, moves it, and then when the temperature rises the next day, drops it down in a different location. Also, because so much more was used in these places, this led to a process called atmospheric loading. There is just so much dicamba; it loaded the atmosphere with it.”

The result? Dicamba went places it wasn’t intended, like onto fields of non-resistant crops. Farmers planting non-GMO seeds or operating organic farms were subject to damage from dicamba sprayed anywhere in the vicinity.

“Crops have varying sensitivity to dicamba, and soybeans are the most sensitive crop,” says Lesko. “So basically, if you had soybean crops that were not resistant to dicamba, you had damage last year. If you’re a soybean farmer and your neighbor or anyone nearby is planting Xtend seeds, your only choice is to plant Xtend seeds too, or you risk damage. In our minds, this clearly interferes with competition; it reduces the ability to buy seeds that compete with these seeds.”

Class Actions and Dicamba Settlement

Peiffer Rosca Wolf represented farmers whose crops were damaged in Arkansas, Missouri, Illinois, Nebraska, and Kansas. Multiple class action cases were consolidated in multidistrict litigation in the federal district court in the Eastern District of Missouri.

The cases eventually settled, with Bayer AG agreeing to a $400 million settlement fund. However, similar lawsuits against the manufacturers continue.

Continuing Dicamba Use

The EPA continues to approve dicamba, subject to restrictive use instructions. However, many are skeptical that this will rein in its volatility. In 2026, the EPA overhauled restrictions on dicamba, which had a June cutoff date, and approved three products for the next growing season with new regulations. Conservation and environmental groups have filed a lawsuit against the EPA for the reapproval of the pesticide. State dicamba regulations are still in effect.

“As long as you use dicamba, off-target damage is going to occur,” Lesko says, recommending that farmers document any damage as best they can. “The second damage shows up, start taking pictures, call the plant board and have them come out and investigate right away.”  

Seeking Legal Help

Farmers continue to file dicamba drift lawsuits against Monsanto and other herbicide manufacturers for crop damage. If you or someone you know experienced dicamba-related damage or other adverse effects, contact a product liability attorney familiar with Dicamba and other herbicides.