(CN) - An Ohio golf club and property owner claim that while DuPont's Imprelis herbicide wiped out thousands of spruces and pines across the country, the manufacturer blamed the customers for the tree deaths, rather than the poison.
     E.I. Du Pont de Nemours and Co. released Imprelis, an aminocyclopyrachlor methyl herbicide that is "four times more powerful than Agent Orange," in April 2011, Colonial Pines Management LLC and Taja LLC's lawsuit, filed in Federal Court in Ohio, claims.
     "While DuPont advertised, marketed and represented Imprelis as being environmentally friendly and safe to use, that is simply not the truth," the Ohio companies claim. "In its relatively short time on the market, DuPont's Imprelis has proven to be a frighteningly effective tree killer."
     In the spring of 2011, the golf club says it used Imprelis on holes one through 14 on its course in order to get rid of broadleaf weeds. The course manager ran out of the herbicide before it could spray the four remaining holes on the course, according to the complaint.
     The companies claim that trees near the first 14 holes on its course are now either dead or dying. Although trees on the remainder of the course remain healthy, the companies claim that "due to the migration of Imprelis, it is likely that some of the trees on holes 15 through 18 may also be killed."
     Lawn care professionals describe Imprelis as "the lawn care industry's 'Hurricane Katrina' ... and the full extent of the damage DuPont's Imprelis product has caused, is only beginning to manifest itself," according to the complaint.
     Imprelis' active ingredient, aminocyclopyrachlor, is described as a water-soluble chemical that "persists in the environment, does not break down during composting, and has been reported to be hazardous to flowers, vegetables, and other plants," the companies claim.
     Within months after the Environmental Protection Agency conditionally approved the herbicide for commercial use in the U.S. last year, trees exposed to Imprelis were dying, according to the class action.
     "Rather than pulling Imprelis from the market or otherwise offering to assist and/or compensate property owners and lawn care companies injured by Imprelis, DuPont effectively 'doubled down,' suggesting that the thousands of tree deaths - all of which occurred after Imprelis' commercial launch and all in proximity to its application - were not its fault, and were actually caused by environmental factors or improper application by lawn care professionals," according to the lawsuit.
     Colonial and Taja claim that DuPont's "blame-shifting and failure to respond to Imprelis' destruction has not helped ... to treat, save, or replace their damaged trees, nor has it compensated lawn care professionals who purchased and used Imprelis for their damages arising from the Imprelis poisoning."
     DuPont implemented a voluntary suspension of sale of Imprelis in August 2011 and the EPA issued a stop sale, use or removal order shortly after, according to the class action. The companies say DuPont will soon be conducting a product return and refund program for the product.
     DuPont could not be reached for comment.
     Colonial and Taja represent the class on claims for violations of the Ohio Consumer Sales Practice Act, strict liability, negligence, unjust enrichment, negligent misrepresentation, fraud and fraudulent concealment
     The companies want to bar DuPont from selling the herbicide again, along with unspecified compensatory and punitive damages.
     They are represented by John Climac and John Peca (Cleveland, Ohio) and Patrick Warner (Columbus) of Climaco, Wilcox, Peca, Tarantino & Garofoli Co.