Banned Pesticide DBCP Costs Dole $2.5 Million

Unless you're a farmer or farm worker, you've probably never heard of the agricultural chemical DBCP (Dibromo Chloropropane). DBCP was a pesticide used on banana crops almost 30 years ago until it was finally banned in most of the Americas in 1977. The ban occurred because high exposures to this chemical caused cancer in animals and sterility in human beings. Surprisingly, the backlash from the effects of DBCP continues on today and was the focal point of a legal case against Dole Food Company.

On November 5, 2007, Dole Food Company gave a press release about the jury verdict of a recent lawsuit against them involving DBCP, Tellez vs. Dole Food Company. It involved twelve Nicaraguan men who worked on their banana farms in the 1970's and allegedly suffered from sterility because of their exposures to high doses of this chemical. To the delight of the company, six of these men were unable to prove their case leading to no reward. The other six plaintiffs won their case, but will receive a mere $2.5 million (combined total) in compensatory damages. However, the fight is not over.

Although the $2.5 million award will not affect the financial standing of Dole Food Company, they will appeal it because of their beliefs that the lawsuit was fraudulent and based on unsubstantiated science. Their feelings came through in a statement released to the press by Michael Carter, Dole's executive vice president and general counsel, after the hearing of the verdict:

"We are happy with the jury's findings as they relate to six of the twelve hand-picked plaintiffs. These verdicts send a strong message that false testimony does not stand up in a court of law. Dole has always believed that there is no scientific basis to support these alleged injuries. However, the six verdicts against Dole are flat wrong and the result of junk science, raw emotional appeals and false testimony. These six men were not injured by DBCP or Dole, and it is unjust for them to be awarded money from us. We are appealing to set the record straight."

On their website, Dole Food Company makes it clear that they will try in court legal claims involving DBCP where they can get a 'fair trial." They do not believe their usage of this chemical in the past has injured anyone. Also, there is a hint of conspiracy in their beliefs pointing to U.S. trial attorneys. Most likely, their hard feelings against these professionals stem from past cases involving DBCP.

Over several years, Dole Food Company has paid around $600 million in compensatory damages to Nicaraguan banana farm workers and the cases keep on coming. Possibly, due to the low return of this recent one, the law suits will end. However, until then, the battle between DBCP victims and Dole Food Company continues on. It is a classic case of the little man versus the big company.