Late yesterday the U.S. Court of Appeals for the Ninth Court issued a ruling that vacated the use of low-volatility products, including Xtendimax®, Engenia® and FeXapan®. This ruling is against the EPA’s approval of low-volatility dicamba products and is NOT against Bayer (Monsanto). Due to the late announcement of this ruling we are still assessing what it means for those of you who are using the Roundup Ready 2 Xtend® herbicide program on your Roundup Ready 2 Xtend soybeans. We are also awaiting comments and guidelines from EPA. EPA is working diligently to exercise their “recommendations” on how to execute this ruling.

What we do know is that you can continue to plant or replant Roundup Ready 2 Xtend soybeans. Roundup Ready 2 Xtend soybeans are fully approved for marketing and feed usage, none of that has changed.

We would encourage you to visit with your herbicide retailer regarding the use of the following low-volatility dicamba products: Xtendimax, Engenia and FeXapan. Those are the 3 formulations that were involved with the Ninth Court ruling. Tavium® plus VaporGrip Technology®, which is a Syngenta low-volatility dicamba product, was not listed, but we would caution that it may fall under the same ruling or guidelines.

Your discussion with your retailer should include the retailers intentions for custom spraying of the products listed above. You should also discuss with your retailer other options to mitigate hard to control weeds such as waterhemp and palmer amaranth. We strongly recommend that you speak with your herbicide retailer now and have an alternative herbicide plan in place in case the ruling holds and registration is pulled.

Again, this is still very new information and we are awaiting more details. This will be a very fluid environment over the next several hours, and even days, as we try to further navigate the potential impacts and options moving forward.

Bayer Statement on Court Ruling on Dicamba Registration

You can view the website www.roundupreadyxtend.com/xtendimaxupdates for the latest developments. We will continue to keep you informed as well.