Over the past week, IFCA has received multiple calls and emails from members’ regarding Paraquat subpoenas they had received.  The multi district court litigation being filed by plaintiffs (Paraquat   Products Liability Litigation) in various states against Syngenta Crop Protection over the pesticide paraquat has resulted in plaintiffs broadly issuing subpoenas throughout Illinois and the country to possible users of the restricted use herbicide. Generally speaking, the subpoenas ask for the submission of paraquat use, purchases and certification of the restricted use herbicide.
 
The case is currently in the United States District Court for the Southern District of Illinois. The Court told the plaintiffs that proof of harm must be shown and it set a date for information requests to be issued by March 11, 2024. Many of the subpoenas issued by mail have postage dated on or around this date.
 
Recipients of the subpoena should respond to the subpoena. The subpoenas differ somewhat from one another and the determination of what to provide or not provide is an individualized determination. IFCA cannot provide legal advice in how to respond to the subpoenas. If you have no records pertinent to the subpoena after conducting a reasonable inquiry, communicate accordingly to the plaintiff’s attorney. However, since these lawsuits are focused solely on paraquat, it seems reasonable to provide information focused only on that product.  If the request for information is unreasonable, communicate with the plaintiff’s attorney listed on the subpoena that the request is unreasonable. In other words, make a good faith effort to see if a reasonable information can be provided. 
 
It should also be noted that the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) has not found any connection between the use of paraquat and Parkinson’s disease, which is the primary reason for these lawsuits.
 
If you have any other further questions regarding Paraquat litigation, please reach out to KJ Johnson at the IFCA office.