Ninth Circuit Court orders cancellation of 3 dicamba products

The United States Court of Appeals for the Ninth Circuit issued a ruling on June 3, 2020 that immediately canceled the registration of XtendiMax, FeXapan, and Engenia primarily used in dicamba-resistant soybean, also known as Roundup Ready 2 Xtend soybean.

This ruling was based on a determination that the continued registration of aforementioned products violated the Federal Insecticide, Fungicide, and Rodenticide Act. It immediately canceled the sale and use of these products nationwide. We are monitoring the developments surrounding this decision closely with Nebraska Department of Agriculture, United States Environmental Protection Agency, and industry. As of today, these products (XtendiMax, FeXapan and Engenia) cannot be used in soybean or other crops.

Tavium, a pre-mix of dicamba and S-metolachlor is an additional herbicide labeled in 2019 for use in Roundup Ready 2 Xtend soybean. When the US EPA granted the re-approval of the conditional registration for dicamba products (XtendiMax, FeXapan and Engenia), Tavium herbicide was not yet registered. For this reason, Tavium was not part of the court order, and it is still legal to apply according to the label’s directions for use.

Dicamba off-target injury has been documented in Nebraska on sensitive soybean and other sensitive broadleaf crops in last three years; therefore, care must be taken when applying Tavium not only in soybean, but also dicamba based products labeled in corn.