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SettlementCritical RiskMultistate

Colorado and FTC settlement with Corteva over pesticide loyalty program

Corteva, Inc.September 28, 2026Colorado Attorney General

Penalty Amount

$35,000,000

Summary

Colorado, the FTC, and a coalition of state attorneys general reached a settlement with Corteva over allegations that its post-patent loyalty program restricted distributors from selling competing generic pesticides. Corteva must end the challenged conduct and pay the states $35 million for fees and costs; the agreement is in effect for 10 years.

Remedy

Corteva must dismantle its pesticide loyalty program, stop specified exclusionary and discriminatory conduct toward customers and distributors, and pay the states $35 million for fees and costs. The agreement remains in effect for 10 years.

Monetary PenaltyInjunctionConsent Decree

Contract Impact

Review distributor, reseller, and customer agreements for exclusivity, loyalty, rebate, and volume-incentive provisions that could discourage customers from purchasing competing or generic products, especially after patent expiration. Check that distribution and pricing terms do not penalize or threaten customers for dealing with competitors, and ensure sales policies and contract language align with any applicable competition-law obligations. This action concerns antitrust conduct rather than privacy practices, so it does not itself indicate a need to revise data-processing or breach-notification clauses.

Contract Search Terms

exclusive dealing termsloyalty program provisionsvolume-based rebatesdistributor restrictionscustomer non-discriminationcompetitor dealingsgeneric product accesspost-patent sales restrictions

Violation Types

Entity Details

Entity

Corteva, Inc.

Industry

Other

Multistate Coalition

Federal Trade CommissionCaliforniaIllinoisIndianaIowaMinnesotaNebraskaOregonTennesseeTexasWashingtonWisconsin

Official Sources

Source Evidence

Entity Name
"a settlement agreement with pesticide manufacturing giant Corteva, Inc."
Fine Amount
"the agreement requires Corteva to pay the states $35 million to cover their fees and costs."
Violation description
"Corteva implemented a post-patent loyalty program that paid distributors to block competitors from selling cheaper generic products to farmers."
Remedy Summary
"Corteva will dismantle its existing pesticides loyalty program"
Event Date
"Sept. 28, 2026"

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