In June 2021, Monsanto announced that the company will pay up to $45 million to end Roundup labeling lawsuits. The lawsuits are proposed class action claims alleging that Monsanto violated false advertising and consumer protection statutes by selling glyphosate-containing Roundup weedkiller without disclosing the potential links to cancer.
The proposed class of consumers told U.S. District Judge Maryellen Noreika in Delaware’s federal court: “This settlement is not only fair to the class but it provides it with an outstanding result. The compensation available to class members is more than two-thirds of plaintiffs’ estimate of best-case damages, and many times more than Monsanto’s expert’s estimate of its worst-case damages.”
Monsanto’s Response
Although Monsanto denies any liability, the company responded to the proposed settlement: “Monsanto believes that settlement is financially reasonable and in the best interest of the company, and it is taking this action for commercial reasons and not due to any safety concerns.”
This comes after Monsanto tried to convince the appellate court that federal law preempts state law claims that the company failed to warn consumers that glyphosate can cause cancer. Monsanto claimed that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) prohibits a label warning consumers about the cancer risk because it would be contradictory to decades of advice from the U.S. Environmental Protection Agency (EPA) asserting that glyphosate does not cause cancer. Monsanto reasoned that, since the EPA is a federal administrative agency, its determination preempts any state laws according to the Supremacy Clause of the U.S. Constitution.
However, in May 2021 in the Ninth Circuit, Monsanto lost their preemption argument. In Hardeman v. Monsanto, the Ninth Circuit upheld the $25 million judgment from the first bellwether trial in the multidistrict litigation about whether Roundup causes cancer.
How GoldenbergLaw Can Help
If you or a loved one were diagnosed with non-Hodgkin’s lymphoma after being exposed to Roundup, contact the Roundup Attorneys at GoldenbergLaw today! We have more than 35 years of experience providing the Gold standard of advocacy for our clients. Reach out to us today for a free consultation on your potential case.
