Who are these Plaintiffs?
Plaintiffs are plantation workers in West Africa who are sterile due to exposure to the pesticide DBCP on the plantations.
How do we know that they are sterile?
They have been tested and diagnosed as sterile.
How do we know that DBCP caused their sterility?
DBCP is the most potent male reproductive toxin known to science and is well documented as causing male sterility at low doses. All the Plaintiffs were exposed to this chemical while working on the plantations. It is not a coincidence.
Is this the first time that DBCP has caused sterility in workers?
No. As long ago as the 1970s, DBCP production workers at Occidental's manufacturing plant in California became sterile from DBCP exposure. Shortly thereafter, DBCP production workers of Shell Chemical Company and Dow Chemical Company were also found to be sterile.
Who are the Defendants?
Defendants are the manufacturers and distributors of DBCP: Shell Oil Company, Dow Chemical Company, Amvac Chemical Corporation, and Dole Food Company.
How did this happen?
After the EPA banned DBCP in the 1970s, Dow and Shell sold it in developing countries.
Why did Dow sell DBCP after its decision to stop manufacturing it?
Dow continued to sell DBCP after it was banned because Dole threatened to treat any stop in DBCP sales as a breach of contract by Dow.
What is the ATCA and why is this case being brought under it?
The Alien Tort Claims Act is a federal statute that allows foreign victims of human rights abuses to sue the perpetrators in federal court. These Plaintiffs sue under the Alien Tort Claims Act for crimes against humanity for the injuries that have been inflicted upon them. The violations of these Plaintiffs' rights constitute crimes against humanity, and they fall under the definition of "genocide" under the Genocide Convention due to the effects of Defendants' actions on Plaintiffs' sterility.
Why is this case important?
This case is important because these workers deserve justice and the corporations should be held liable for their unethical and illegal acts.
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