Philippine Banana Workers Seek Damages for DBCP Exposure

Hundreds of individually named Philippine banana plantation workers
alleging physical and mental injury from exposure to pesticides have filed
suit against a number of agricultural and chemical companies in a California
state court seeking compensatory and punitive damages. Macasa v. Dole Food
Co., No. BC467134 (Cal. Super. Ct., Los Angeles Cty., filed August 8, 2011).
The plaintiffs allege that 1,2-Dibromo-3-chloropropane (DBCP), sold under
the brand names Nemagon® and Fumazone®, is a “highly toxic and poisonous
pesticide” that purportedly causes “sterility, testicular atrophy, miscarriages,
congenital reproductive outcome, liver damage, asthma and various forms
of cancer in humans when absorbed by the skin or inhaled.” They claim that
DBCP continued to be used in the Philippines despite being banned in the
United States by the Environmental Protection Agency in 1979.

The complaint alleges that the U.S. Department of Agriculture advised the
chemical company defendants as early as 1961 “to place precautionary warning labels” on DBCP pesticide barrels and requested the health records of workers who had manufactured or formulated products containing the chemical. Claiming that the companies “dismissed such advice,” the plaintiffs further contend that a 1977 Occupational Safety and Health Administration warning letter finally brought about a suspension in DBCP’s production, although the companies “continued to allow the marketing, distribution and sale of the DBCP in question to Davao, Philippines,” where the banana farm defendants continued to use it. The plaintiffs allege products liability—negligence, strict products liability, products liability—defect in design and manufacture and chemical composition, products liability—breach of warranty, fraudulent management, fraudulent concealment, general negligence, conspiracy, and intentional misrepresentation.