Dow also mentioned the possibility of some changes to use conditions on the existing label of Enlist Duo.
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Enlist Duo, which combines an herbicide component known as 2,4-D with glyphosate, is meant for use on corn and soybeans that have been genetically altered to tolerate it while killing surrounding weeds that can drag down crop yields. Enlist includes a combination of glyphosate and an updated version of an older herbicide named 2,4-D.
Dow AgroSciences president and CEO said: “We believe the questions that have been raised about any potential synergy between 2,4-D choline and glyphosate can be promptly resolved in the next few months, in time for the 2016 crop use season”.
According to Pesticide Action Network Director Judy Hatcher, the product never should not have been given the go-ahead.
But the agency has since found its assessment of the product’s two active ingredients was incomplete, according to EPA’s court documents, filed late Tuesday with the U.S. Court of Appeals for the Ninth Circuit in California.
Their release states, “Enlist Duo is a toxic combination of glyphosate and 2,4-D that Dow AgroSciences created for use on the next generation of genetically engineered crops, designed to withstand being drenched with this potent herbicide cocktail”.
Dow AgroSciences issued a statement early Wednesday refuting these assertions. He asserted that glyphosate is a probable carcinogen and is wiping out the monarch butterfly. But Dow said it did not anticipate a significant delay.
“The information suggests that EPA’s analysis may have understated the phytotoxicity of the product”, the EPA said in the court filing.
The Center for Food Safety and the Natural Resources Defense Council argue, “the 30-foot buffer on the then-approved label may not be adequate to protect non-target plant species located outside the treated fields”.
In its court filing, EPA said it had recently “learned that it did not have all relevant information at the time it made its registration decision” for Enlist Duo in October 2014.
In the motion, the agency says that before registering the product “the issue of synergism” between the product’s two ingredients had been addressed “by evaluating data on the chemicals individually as well as with formulation-specific information”. EPA said its study assumed the components did not have such “synergistic effects”.
Dow Chemical said it was working with the EPA to provide further assurances for Enlist.
The move by the EPA is tied to a lawsuit filed by US farmer and environmental groups, who are trying to get the regulatory approval of Enlist Duo permanently overturned. The company also claims that it’s common practice in the industry to file patent applications on “mixtures, without there being any connection to EPA’s regulatory process”.
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The Endangered Species Act requires that every federal agency consider the impacts of its actions on America’s most imperiled plants and animals and seek input from expert wildlife agencies before acting. “However, based on the ongoing dialogue with EPA, we do not expect these issues to result in the long-term cancellation” of the product.
