A federal jury in Cape Girardeau, Missouri, has passed a judgment in favor of Bader Farms, a Campbell, Missouri, peach farm, in its dicamba case against Bayer and BASF. The jury awarded Bader Farms $265 million in damages.
Fifteen million dollars of that amount is in the form of compensatory damages for what the jury ruled was the precise amount of harm done to the peach trees produced by Bader Farms.
The $250 million remainder was in the form of punitive damages.
Bayer and BASF–each defendant in the lawsuit–market dicamba formulations tagged for dicamba-tolerant soybeans.
Bayer markets Xtendimax with VaporGrip Technology, while BASF markets Enginia.
Dicamba injury cited in the case was started when Monsanto launched dicamba-tolerant Xtend soybeans in 2016.
Traditionally, artificial auxin herbicides like dicamba and 2,4-D are risky and liable to off-target movement. Makers of dicamba and 2,4-D tagged for use on dicamba-tolerant and 2,4-D-tolerant soybeans say these new formulations are lower in volatility than older formulations.
Nonetheless, dicamba formulations that Monsanto and BASF pegged as lower in volatility than existing dicamba formulations for the dicamba-tolerant soybeans weren’t launched until 2017.
Attorneys for Bader Farms stated that BASF and Monsanto had been liable for unlawful dicamba applications that had been utilized to the Xtend soybeans.