2020 Season Updates

EPA takes action after Court ruling on XtendiMax® Herbicide registration

On June 8, 2020, the U.S. Environmental Protection Agency (EPA) issued an order in response to the U.S. Court of Appeals for the Ninth Circuit’s June 3, 2020, ruling that vacated current U.S. registrations of certain low-volatility dicamba products, including XtendiMax® Herbicide with VaporGrip® Technology. The Court ruled in favor of a petition challenging the EPA’s 2018 registration decision. The subsequent action by the EPA provides, among other things, that “growers and commercial applicators may use existing stocks that were in their possession on June 3, 2020, the effective date of the Court decision. Such use must be consistent with the product’s previously-approved label, and may not continue after July 31, 2020.”

The EPA’s order addresses the use, sale, and distribution of existing stocks of XtendiMax herbicide and the other low-volatility dicamba products impacted by the Court’s ruling. Click here for the EPA’s full order – see page 11 for key details.

We welcome the EPA’s swift action to provide that customers who have already invested in XtendiMax and the Roundup Ready® Xtend Crop System can continue to protect their crops from difficult-to-control weeds.

We will keep www.roundupreadyxtend.com/xtendimaxupdates updated with the latest information for our customers. Our top priority is making sure all our customers have the support they need to have a successful season.

The Court’s June 3 ruling pertains specifically to the EPA’s 2018 registration decision, which expires in December 2020. The EPA is currently reviewing a new registration for XtendiMax for the 2021 season and beyond – we hope the EPA completes the review and issues a new registration by this fall.

Know that Bayer stands fully behind XtendiMax herbicide. We are proud of our role in bringing innovations like XtendiMax forward to help growers safely, successfully, and sustainably protect their crops from weeds. We will continue working with the EPA, growers, academics, and others to provide long-term access to this important tool.

Frequently Asked Questions


Where can growers get guidance on how to comply with the EPA’s order?
First, all growers planning to use XtendiMax or other low volatility dicamba products should review the EPA’s announcement and order (see page 11 for key details). Local crop protection retailers are a good resource to confirm, among other things, whether products qualify as “existing stocks” under the EPA’s order. Industry and commodity organizations, as well as state agriculture departments, are also good resources to provide clarity on the EPA’s order. We will keep this webpage updated as developments occur and as new resources become available. We will continue to share as much information as possible to help our customers have a successful season.

What will Bayer do to support growers still impacted by the court’s ruling?
At this point in the season, and with the amount of product already in existing stocks, we expect the vast majority of growers who planned to use XtendiMax or other low-volatility dicamba products this season will be able to use these tools while complying with the EPA’s order. We will keep this webpage updated as developments occur and as new resources become available.

Does the court’s ruling impact the 2021 season and beyond?
The court’s ruling pertains specifically to the EPA’s 2018 registration decision, which was set to expire in December 2020. The EPA is currently reviewing our submission in support of a new registration for XtendiMax for the 2021 season and beyond – we hope the EPA completes the review and issues a new registration by this fall. Bayer stands fully behind XtendiMax, and we will continue working with the EPA, growers, academics, and others to provide long-term access to this important herbicide.

Does the court’s ruling impact Bayer PLUS incentives?
No. Bayer PLUS Rewards will be implemented as originally communicated for the 2020 season. More details are available here.

Can growers continue to plant Roundup Ready 2 Xtend® soybeans and XtendFlex® cotton?
Yes. The court’s ruling does not impact growers’ ability to purchase or plant Roundup Ready 2 Xtend® soybean or XtendFlex® cotton seed. The court’s ruling pertains specifically to the EPA’s 2018 registration decision for certain low-volatility dicamba products. Any use of dicamba in the Xtend System must be in accordance with the product label and the EPA’s order.

Does the court’s ruling impact Bayer’s plans for XtendFlex® soybeans?
No. The court’s ruling does not change our plans for XtendFlex® soybeans. We continue to plan and prepare for a large-scale commercial launch in North America for 2021. More details available here.

Does the court’s ruling impact DiFlexx® or DiFlexx DUO herbicides?
No. The court’s ruling does not impact DiFlexx® or DiFlexx DUO herbicides. The court’s ruling pertains specifically to the EPA’s 2018 registration decision for certain low-volatility dicamba products. DiFlexx and DiFlexx DUO herbicides were not part of the EPA’s 2018 registration decision. More details are available here.

Why was Tavium® not impacted by the court’s ruling?
The court’s ruling pertains specifically to the EPA’s 2018 registration decision for certain low-volatility dicamba products. Tavium®, a Syngenta product, was not part of the EPA’s 2018 registration decision.

Does the court’s ruling impact growers outside the U.S.? Where else is XtendiMax approved?
The court’s ruling does not impact registrations outside the U.S. The ruling pertains specifically to the U.S. EPA’s 2018 registration decision.

Outside the U.S., XtendiMax is also currently approved for use in Canada.

Do you remain confident in this technology?
Absolutely. Bayer stands fully behind our Xtend System, including the seeds, traits, and XtendiMax herbicide. We are proud of our role in bringing innovations like these forward to help growers safely, successfully, and sustainably grow healthy crops. Our Xtend System will continue to evolve and play an important role in Bayer’s portfolio and in modern agriculture going forward.

What is the background on the court’s ruling? How did this come about?
In 2019, a petition was filed in the U.S. Court of Appeals for the Ninth Circuit against the EPA for its decision in 2018 to extend the registration of low-volatility dicamba products, including XtendiMax. The petition was filed by the National Family Farm Coalition, Center for Food Safety, Center for Biological Diversity, and Pesticide Action Network North America. The petitioners requested the court to vacate the current U.S. registrations of certain low-volatility dicamba products, including XtendiMax. The petitioners claim the EPA’s 2018 registration decision was based on insufficient evidence and therefore violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). In April 2020, the court heard oral arguments on the petition. The EPA defended its science-based registration decision. While this petition was brought against the EPA, Bayer joined the case as an intervenor and helped defend the EPA’s science-based decision. On June 3, 2020, the U.S. Court of Appeals for the Ninth Circuit issued a ruling that vacates current U.S. registrations of certain low-volatility dicamba products, including XtendiMax. Subsequently, on June 8, 2020, the U.S. EPA issued the order in response to the court’s ruling.