Beveridge & Diamond

Pesticides Litigation

Pesticides are among the most heavily regulated and scrutinized products in commerce.  Government agencies, public interest groups, and competitors all actively review pesticides and can have an enormous impact on the market for these products.  Whether you are dealing with traditional chemical products or products made through use of biotechnology, agricultural products used on millions of acres of cropland, seeds that contain pesticides or that are tolerant to particular pesticides, products used by homeowners in their yards, or personal insect repellents, virtually every stage of a pesticide’s life cycle is subject to regulation and scrutiny.  And because the focus of the regulatory programs is on commercial products -- many of which reflect millions of dollars of investment in research and development -- seemingly minor regulatory requirements can have substantial competitive effects.  

Beveridge & Diamond, P.C.’s reputation for excellence in pesticide law is based on thirty years of working with U.S. and international clients who develop, obtain government approvals for, manufacture, promote, and use pesticides.  We work with each client to identify its business objectives, and then to establish and implement the most effective regulatory, commercial, litigation, and legislative strategies to achieve or exceed those objectives.  Each of these tasks is undertaken with one or more carefully selected individuals from our experienced team of pesticide attorneys and paralegals.  We represent both large and small companies, as well as task forces of companies, with an emphasis on companies that invest in research to develop and defend new products.  Over the years we have addressed every aspect of pesticide regulation.

  • We represent clients in health or environmental reviews of their pesticides, whether initiated by the federal government, state authorities, competitors, or activist groups.  We work closely with our clients to develop comprehensive strategies for defending their products; evaluating product risks and benefits; developing risk reduction proposals and negotiating agreements to address risk concerns while keeping products on the market; and, if necessary, representing registrants in hearings to oppose use restrictions or cancellations.  
  • We assist clients to protect their valuable research data rights, including ensuring that competitors satisfy applicable data requirements, comply with their obligations to pay compensation for relying on our clients’ data to obtain follow-on registrations, and do not gain access to data that are entitled to exclusive use.  We advise our clients on protecting their data rights around the world, represent them in compensation negotiations, and, when necessary, in regulatory agency petition proceedings and arbitrations mandated at the federal level in the United States by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA), and by similar laws in states of the United States and other countries.  We also represent our clients in related lawsuits in state and federal courts, and collaborate with practitioners in other countries where such legal actions are necessary. 
  • We represent clients in court actions to challenge government activities that are inconsistent with the law, to defend the validity of registrations, permits and deregulations issued over competitor or public interest group objections, and to resolve commercial disputes.  
  • We represent companies and task forces (some involving dozens of companies) required to meet data requirements, including negotiations with government officials over the scope of data requirements and with other applicants and registrants regarding data development and sharing costs.  
  • We assist clients to meet federal and state requirements for obtaining pesticide registrations and related seed permits or deregulations, and advise them on the full range of compliance issues, including label language (and its potential impact on product liability); import and export restrictions; supply, manufacturing, licensing, and marketing relationships and contracts for both pesticides and related seed matters; and allowable label and marketing claims for both agricultural and consumer products, including antimicrobial claims.  
  • We assist clients who wish to acquire or sell some or all of a pesticide or seed business, registrations or permits, and data rights.  
  • We defend clients in enforcement actions, including negotiation of settlement agreements that protect our clients’ business objectives.  

We have built our reputation by providing legal advice that is practical and effective.  We make it our business to learn about and understand each client’s business and business objectives, with the goal of providing long-term advice that continually enhances each client’s business and reputation.