BRILL & RINALDI, The Law Firm, working alongside The McKee Law Group, represented Floral Acres, LLC, a commercial ornamental plant nursery whose poinsettia crop allegedly suffered extensive damage following the use of V-10161 VPP Fungicide, also marketed as Adorn.
The case, Floral Acres, LLC v. Valent U.S.A. LLC, Howard Fertilizer & Chemical Company, Inc., and Nufarm Americas, Inc., was a complex product liability action filed in Palm Beach County Circuit Court.
Allegations of Known Product Dangers
The lawsuit alleged that the manufacturers and distributors knew, based on field testing and university research, that the fungicide could cause harmful phytotoxic effects on poinsettias, yet continued marketing the product without adequate warnings to growers.
The firm further alleged that labels on products sold to growers omitted an important EPA-approved warning regarding the risk of phytotoxicity to poinsettias.
The claims included negligence, strict product liability, failure to warn, deceptive trade practices, and allegations involving the sale of a misbranded pesticide.
Confidential Settlement Reached
The case was ultimately resolved through a confidential settlement.
While the terms of the settlement remain confidential, the case demonstrates the complex legal and technical issues that can arise when a commercial product allegedly causes substantial damage and evidence indicates that manufacturers or distributors may have possessed information about the potential danger.
For BRILL & RINALDI, The Law Firm, the case reflects the firm’s commitment to handling complex product liability and commercial damages litigation and pursuing accountability when allegedly dangerous products cause significant harm.