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DUPONT has set up a formal process to allow customers to claim compensation for trees that have been killed or damaged by its weedkiller Imprelis.

Imprelis was marketed by DuPont in late 2010 as a safer, alternative weedkiller that would cause less environmental damage and much less harm to mammals than its competitors. The product was licensed for use across the US, except in the states of New York and California, and was sold as being suitable for use in residential areas, industrial sites and golf courses to kill broadleaf weeds in lawns and turf. It quickly became apparent, however, that Imprelis was toxic to certain species of trees, particularly the Norway spruce and white pine, with affected trees turning brown – their shoots twisted and wilting. Some trees have died. Other affected species include willows poplars and the Deodar cedar.

DuPont voluntarily withdrew Imprelis from sale once the problems became apparent and is recalling all stocks. The US Environmental Protection Agency (EPA) has now banned its sale under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). EPA is now investigating Imprelis, with DuPont providing details of over 7000 incidents of tree damage. DuPont told EPA that in over 400 trials of Imprelis, they had not observed any damage to trees.

DuPont has set up a dedicated website with information on the weedkiller, its effects and how landscaping professionals and owners of affected trees can best care for them to ensure their survival, as well as details of how to claim. Those affected will be able to claim back money for the Imprelis they have bought, and the removal and disposal of trees, the replacement of trees or compensation for those not replaced. In addition, DuPont says it will provide care packages and a two-year warranty for replacement trees, and will pay for efforts to assist the recovery of affected trees which are expected to recover. Trees which have not recovered by June 2012 will be replaced. Some additional compensation may also be paid.

“We regret any damage or inconvenience that the use of Imprelis may have caused, and this claims process is the next step forward, following through on our commitment to our customers’ satisfaction and the proper stewardship of our products,” said DuPont spokeswoman Kate Childress.

Lawsuits have already been launched against DuPont by homeowners and businesses affected by Imprelis, with cases pending in the states of Delaware, Indiana, Iowa, Kansas, Minnesota, New Jersey, Ohio, Pennsylvania, Utah and Wisconsin.

“We expect at the end of the day there’s going to be more than a billion dollars of damage or as much as several billion. You are talking about a lot of people who have dead trees 40 to 50 feet tall, 30 or 50 years old that each cost $20,000 or $25,000 to replace,” said Jordan Chaikin, partner at Parker Waichman Alonso, one of the firms that is representing claimants.