Minnesota's Court of Appeals has upheld a $52-million award against BASF Corp. in a class-action lawsuit brought by farmers who say BASF defrauded them by marketing the same herbicide formula as different products at different prices.
BASF introduced a version of the herbicide sethoxydim as Poast Plus in 1992, which plaintiffs say was the same as BASF's Poast herbicide, which had been on the market since the 1980s. Poast Plus was about half the price as Poast and could be used on the same crops, but was labeled only for use on major crops such as soybean and cotton, the growers say. BASF labeled the more expensive Poast for use on minor crops such as sugar beets, …
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