Supreme Court blocks thousands of suits that claim Roundup weed-killer causes cancer

A new Supreme Court ruling will restrict "one the largest waves of product liability lawsuits in the history of the nation."

According to a dispatch by Justin Jouvenal in today's editions of The Washington Post, the court specifically blocked "thousands of suits claiming Roundup causes cancer."

The court, in a 7-2 decision (liberal Justice Ketanji Brown Jackson and conservative Justice Neil M. Gorsuch voted against), ruled that "Monsanto was not required to offer a warning because the Environmental Protection Agency holds that Roundup's active ingredient, glyphosate, is not a cancer risk," the story says.

The EPA finding, however, contrasts with another by the World Health Organization (WHO), which, Jouvenal's piece says, "found glyphosate was 'probably carcinogenic to humans' after reviewing available research on the chemical. In particular, the agency found a likely link between non-Hodgkin lymphoma and  glyphosate."

In  light of that report, some countries have banned the weed-killer.

Paul D. Clement

Paul D. Clement, attorney for Monsanto, now owned by Bayer, had argued before the Supreme Court that the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), which regulates the sale and marketing of pesticides and herbicides, "preempts state-court claims" that the company had to warn cancer victims of alleged dangers posed by Roundup because the EPA ruled it was safe.

According to the Post story, the court decision "turned on a technical legal question, but one with enormous stakes. On the line are billions of dollars, the fate of tens of thousands  of lawsuits filed by cancer victims, and the future of an herbicide farmers say is crucial to the nation's food supply but health groups warn is a danger."

Litigation, the article notes, had "prompted Monsanto to remove glyphosate-based Roundup from the consumer market, but it is still available to farmers and commercial users."

More information on lawsuits and disease can be found in Rollercoaster: How a man can survive his partner's breast cancer, aVitalityPress book that I, Woody Weingarten aimed at male caregivers. My other books are MysteryDates — How to keep the sizzle in your relationship; The Roving I, a compilation of 70 of my newspaper columns; and Grampy and His Fairyzona Playmates, a whimsical fantasy intended for 6- to 10-year-olds that I co-authored with my then 8-year-old granddaughter. Check out my website at https://woodyweingarten.com for details.

Biotech giant Bayer pushing House Republicans to help it fight lawsuits linking Roundup to cancer

Bayer, a giant in the biotech industry, has been lobbying Congress to help shape a provision that could aid in the corporation's battle with lawsuits that tie its weed-killer Roundup to cancer.

The provision in the House's sweeping agricultural bill, according to a story by Tony Romm in last week's editions of The Washington Post, was drafted by Republicans with Bayer's help. Critics say it would undo nationwide pesticide protections.

Romm's piece says the farm bill "threatens to make it harder for farmers and groundskeepers to argue that they were not fully informed about some health and safety risks posed by the popular herbicide."

The focus is on glyphosate, the active ingredient in Roundup, which plaintiffs in thousands of cases have claimed regular exposure to which "could cause them to develop debilitating or deadly diseases, such as non-Hodgkin's lymphoma."

Although Bayer, a German firm that acquired Roundup in 2018 as part of its purchase of Monsanto, has agreed to pay $10 billon in a landmark settlement that ended thousands of claims in  2020 without any admission of wrongdoing, it still faces nearly 60,000 additional claims.

Daniel Savery

The Post story quotes Daniel Savery, a senior legislative representative for Earthjustice, a climate advocacy group, as saying Bayer has been losing so it's "coming to Congress with hat in hand trying to change the law."

Currently, the article continues, "the Environmental Protection Agency does not treat the underlying chemical in Roundup as a carcinogen. While the agency plans to reevaluate its stance on glyphosate in 2026, its views are at odds with some global health experts, including the World Health Organization's International Agency for Research on Cancer, which identified glyphosate as 'probably carcinogenic' in 2015."

Bayer apparently has spent about $9.6 million to lobby federal policymakers on the legislation and other issues since the start of 2023.

More information about Monsanto and Bayer's legal woes can be found in Rollercoaster: How a man can survive his partner's breast cancer, a VitalityPress book that I, Woody Weingarten, aimed at male  caregivers.

Maker of Roundup weedkiller solicits help from lawmakers to protect it from suits about cancer

Bayer, manufacturer of Roundup, the country's best-selling pesticide, is seeking help from legislators to protect it from claims that it failed to warn buyers about cancer risks.

According to an Associated Press story by Hannah Fingerhut and David A. Lieb in yesterday's editions of the San Francisco Chronicle, chemical giant Bayer, "stung by paying billions of dollars for settlements and trials, has been lobbying lawmakers in three states to pass bills providing it a legal shield from lawsuits that claim its popular weedkiller Roundup causes cancer."

Legal experts warn that identical bills introduced in Iowa, Missouri, and Idaho this year, with wording supplied by Bayer, could have even broader consequences — "extending to any product liability claim or, in Iowa's case, providing immunity from lawsuits of any kind," the article contends.

Matt Clement

The piece quotes Matt Clement, a Jefferson City, Missouri, attorney who represents people suing Bayer, to the effect that "it's just not good government to give a company immunity for things that they're not telling their consumers. If they're successful in getting this passed in Missouri, I think they'll be trying to do this all over the country."

Some 167,000 legal claims against Bayer, the Fingerhut/Lieb story says, contend that Roundup causes non-Hodgkin's lymphoma. The corporation already has "suffered several losses in which juries awarded huge initial judgments," the article goes on, and "has paid about $10 billion while thousands of claims linger in court."

Roundup's main ingredient, glyphosate, is derived from phosphate mined in Idaho. 

The debate over whether glyphosate is truly a demon in the weedkiller equation "escalated when a 2015 report by the International Agency for Research on Cancer, part of the World Health Organization, said it's 'probably carcinogenic to humans,' a decision that was based on some evidence of cancer in people as well as evidence in study animals."

The federal Environmental Protection Agency, on the other hand, had regularly concluded that it's not likely to be carcinogenic to humans "when used as directed," the AP story contends. A federal appeals court panel in 2022, on a third hand, ordered the EPA to further review the situation after ruling that the agency's decision "was not supported by substantial evidence," the Fingerhut/Lieb piece continues.

The story ends by quoting John Gilbert, an Iowa Falls farmer who's used Roundup only in a limited fashion. He calls local Republicans hypocritical for attempting to protect corporate interests after campaigning on standing up for Iowans' interests.

The final paragraph of the story: "The bill 'invites a lot of reckless disregard,' said  Gilbert, who is on the board for the Iowa Farmers Union. 'No amount of perfume's gonna make it anything but a skunk."

More information about politics surrounding the risks of disease can be found in Rollercoaster: How a man can survive his partner's breast cancer, a VitalityPress book that I, Woody Weingarten,  aimed at male caregivers.

California county, 9 municipalities sue Monsanto for contaminating them with toxic PCBs

Marin County and nine of its municipalities, including my hometown, San Anselmo, have sued Monsanto because its products allegedly caused contamination.

The lawsuit — according to a press release from officials — claims the giant agri-business "deliberately misled the public, environmental regulators, and its own customers so it could reap massive profits" from its sales of toxic PCBs (polychlorinated biphenyl), chemical compounds that eventually were banned by the Toxic Substance Control Act of 1976.

Monsanto, which produced nearly 99 percent of all PCBs used in the United States since the 1930s, faces similar court actions nationwide.

PCBs are known or suspected to cause many diseases, including non-Hodgkin's lymphoma, breast cancer, liver cancer, gallbladder cancer, gastrointestinal cancer, pancreatic cancer, and skin cancer, says a recent story by Gideon Rubin, staff writer for Patch's San Anselmo-Fairfax website.

County officials explain, the Patch piece notes, that the suit about PCBs "aims to provide relief for the costs the jurisdictions will incur to remove the contaminants."

Monsanto, which was bought out by Bayer in 2018, has meanwhile settled multiple lawsuits involving its product Roundup, the nation's most popular weedkiller, after plaintiffs alleged it had caused cancer. But thousands of other suits are pending.

Rubin's article quotes county officials as saying that "according to Monsanto's own internal documents, company officials knew and were warned about the dangers to human health and the environment form PCBs, but Monsanto wrongfully promoted the product and failed to warn customers about its dangers."

The story states that two other companies, Solute, Inc., and Pharmacia LLC, are included in the new suit filed in Marin County Superior Court. A later article, by Richard Halstead in the Marin Independent Journal today, explains that the two companies had been spun off from Monsanto. While Monsanto retained its agriculture business, Solute took on the chemical business, and Pharmacia acquired the pharmaceutical business.

In addition to the county and San Anselmo, plaintiffs include the cities of Belvedere, Mill Valley, Novato, San Rafael, and Sausalito, and the towns of Corte Madera, Ross, and Tiburon.

Brian Washington

All the plaintiffs, according to Rubin's article, "opted out of a national class-action settlement because it failed to sufficiently cover the anticipated costs to comply with regulations and prevent further damage, Marin County Counsel Brian Washington said in a statement."

The piece further quotes Washington as saying "PCBs have left a long toxic legacy. The companies responsible need to contribute to the solution so that the taxpayers do not have to carry the entire burden."

The chemical compounds, Rubin's story says, have also been implicated "in non-cancer health problems such as cardiovascular, endocrine,  gastrointestinal, hepatic (liver), immune, neonatal, neurological, ocular, and reproductive harm."

PCB contamination "resulting from the defendants' actions is already widespread across the [San Francisco] Bay Area," Patch reports, adding that "the entire bay is classified as 'impaired' by PCBs under the federal Clean Water Act. This impairment endangers natural resources and human health, county officials said."

That contamination has been so severe in the bay, the story continues, "that the California Office of Environmental Health Hazard Assessment has advised some people not to eat certain types of fish caught in the bay."

Rubin's piece details the suggestion: "Children and women aged 18 to 49 are advised not to eat striped bass, sharks, and white sturgeon caught in the bay. Everyone is also advised not to eat the skin and fatty tissue of any fish caught in the bay."

More information on product-caused contamination can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

U.S. judge OKs refunds for customers in suit that says Monsanto masked Roundup's cancer risks

A federal judge has tentatively approved small refunds for customers in a lawsuit accusing Roundup's manufacturer of hiding cancer risks.

According to a recent story by Bob Egelko in The San Francisco Chronicle, buyers of the weed killer in recent years would be eligible for 20% refunds. 

The amount would be minuscule, however — between 50 cents and $33, depending upon the amounts of 19 versions of the herbicide purchased "during a period determined by the statute of limitations in their state."

Gillian Wade

As an example, the story cites California, the state in which the ruling jurist, U.S. District Judge Vince Chhabria of San Francisco, resides. 

There, Egelko's article quotes Gillian Wade, a lawyer for the plaintiffs, as saying, the judgment would mean a refund based on "one product per year for the last five years if they no longer have a receipt or other proof of purchase, and more products if they have such documentation."

The proposed settlement calls for Bayer, the parent company of Monsanto, the giant agribusiness that makes Roundup, to pay between $23 million and $45 million, depending on the claims. Of that amount, the Chronicle story says, "up to 25% would go to attorneys for legal fees and costs, and the rest to customer refunds."

Despite Chhabria's ruling, which seemingly validates the nationwide settlement of the lawsuit accusing Monsanto of false advertising, the company continues to describe the product "as perfectly safe."

Egelko's story notes that Monsanto still cites the weed killer's "approval since 1991 by the U.S, Environmental Protection Agency. But the International Agency for Research on Cancer, an arm of the World Health Organization, classified the herbicide's main ingredient, glyphosate, as a probable cause of human cancer in 2015. And the EPA has now offered to allow California to place cancer warning labels on Roundup sold in the state."

The settlement is separate from the tens of thousands of suits filed against Monsanto and Bayer by people diagnosed with cancer after spraying Roundup, the world's most popular weed killer, on their crops. San Francisco Bay Area juries alone already have awarded damages of $133 million in three of those cases, and just recently the U.S. Supreme Court denied review of Monsanto's appeal of the award to one of the plaintiffs, Edwin Hardeman, a former school groundskeeper in Benicia who was diagnosed with non-Hodgkin's disease in 2015.

Chhabria's ruling, the judge emphasized, doesn't hinder any customer's right to sue for any illness or other harm caused by the weed killer.

He is scheduled to finalize his approval of the refunds in January.

Information on other lawsuits related to diseases can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Top U.S. court rejects Roundup maker's appeal of decision that the weed killer causes cancer

The U.S. Supreme Court has let a $25 million verdict against Bayer, parent company of Monsanto, manufacturer of the popular weed killer Roundup, stand. 

The original jury found that Monsanto, the giant agribusiness that manufactures the pesticide, had failed to warn about cancer risks to those using the product.

The top court's decision not to intervene means not only that the decision in the suit brought by Edwin Hardeman, who was diagnosed in 2015 with non-Hodgkin's lymphoma, can remain intact but the way is cleared for thousands of similar lawsuits against Bayer. 

A story by Ann E. Marimow in an edition of The Washington Post this week notes that the "Biden administration had urged the court to deny the company's [stance], a departure from the Trump administration's position."

Hardeman's suit alleged that his use of Roundup for more than two decades caused his cancer and that Monsanto, which Bayer purchased in 2018, failed to warn about the risks associated with the active ingredient, glyphosate.

After an international research group in 2015 classified glyphosate as "probably carcinogenic to humans," the state of California demanded a warning label on Roundup, the nation's most widely used weed killer — in opposition to the Environmental Protection Agency's repeatedly concluding that "glyphosate is unlikely to cause cancer in humans."

Two years ago, according to the story, "Bayer agreed to pay more than $10 billion to settle tens of thousands of potential U.S. claims" but it admitted no wrongdoing. It also said it was moving toward alternate ingredients to "manage litigation risk in the U.S. and not because of safety concerns."

Judge Michelle Friedland

Just days before the Supreme Court ruling about the Hardeman suit, "a separate ruling from the 9th Circuit ordered the EPA to reconsider its finding in 2020 that glyphosate did not pose 'any unreasonable risk to man or the environment,'" Marimow's article reports. As a part of the unanimous decision, Judge Michelle Friedland writes that the Trump-era opinion "was not supported by substantial evidence" and didn't meet the agency's "legal obligations for reviewing environmental impact."

More information on court battles over carcinogenics can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Monsanto appeals a $25.2 million damage verdict against Roundup herbicide to Supreme Court

Monsanto has challenged a $25.2 million award to a cancer patient.

Edwin Hardeman

According to a recent story by Bob Egelko in the San Francisco Chronicle, the agribusiness giant told the Supreme Court that the damage verdict in favor of the patient, Edwin Hardeman, who sprayed Roundup on his North Bay properties "should never have gone to the jury." 

The basis of the claim by Bayer, Monsanto's parent company, is that the U.S. Environmental Protection Agency (EPA) had concluded that the herbicide, the world's most widely used, was safe.

However, an arm of the World Health Organization (WHO), the International Agency for Research on Cancer, had concluded in 2015, that the main ingredient in Roundup, glyphosate, "was a probable cause of human cancer, a finding endorsed by California health officials," the Chronicle piece says.

The court is expected to consider the appeal at its weekly conference Dec. 10.

Monsanto filed the appeal despite it agreeing to replace glyphosate "with another active ingredient for U.S. home and garden sales, starting in 2023, while continuing to market the current version for agricultural use," Egelko's story reports.

The Ninth U.S. Circuit Court of Appeals, in a May ruling that upheld Hardeman's damage award, "said the EPA's approval did not carry the force of law, and it did not preclude a judge or jury from deciding whether Monsanto had violated a California law requiring warnings against risks that are 'known or knowable.'" 

Hardeman was diagnosed with lymphoma, a sometimes fatal disease, in 2015 after having used Roundup for 26 years on properties in Galla and Santa Rosa.

A federal court jury in July 2019 found the weed-killer was a "substantial cause" of his cancer. It awarded him, according to Egelko's story, "damages for economic losses, pain and suffering and emotional distress, along with punitive damages against the company for selling a product it knew, or should have known, to be dangerous." 

The article also notes that "state courts, meanwhile, have upheld damages of $21.5 million to Dewayne 'Lee' Johnson, diagnosed with terminal cancer after spraying the herbicide as a groundskeeper for the Benicia Unified School District, and $82.2 million to Alva and Alberta Pilliod of Livermore, who sprayed Roundup on their crops for 30 years."

More information about consumer products that may cause disease can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Bayer adjunct loses plea about ignoring safety

Top court in California rejects Monsanto appeal in case where jury ruled that herbicide caused cancer

The California Supreme Court has turned down both defendant and plaintiff appeals in a case where a jury decided the weed-killer Roundup was the reason the defendant contracted cancer.

A story by Bob Egelko in yesterday's San Francisco Chronicle explains that the court denied Monsanto's appeal of a "groundbreaking verdict that found the company's widely used herbicide caused a school groundskeeper's cancer and that the company disregarded public safety in marketing its product."

Simultaneously, however, it rejected a review of the plaintiff's appeal of a lower-court ruling that reduced his damages from $78.5 million to $21.5 million.

The case had been the first in the United States to go to trial among many thousands filed against the giant agribusiness now owned by Bayer, which paid $63 billion for it in 2018. Cancer victims maintain that the problem is glyphosate, the active ingredient in Roundup and a more concentrated version called Ranger Pro.

Dewayne Johnson

The plaintiff in the groundbreaking case, Dewayne Johnson, had developed non-Hodgkin's lymphoma, a blood cancer, after using the Ranger Pro from two to three hours a day over a four-year period as a groundskeeper and pest-control manager for the Benicia School District. At the time of the 2018 trial, lesions covered his body. 

The Vallejo resident testified, Egelko's story says, that "he wore protective clothing but couldn't fully protect his face from wind-blown spray, and twice was drenched with herbicide sprays from a detached hose and a leaking container."

According to the Chronicle article, the jury determined that Monsanto "should have known the product was carcinogenic, and 'acted with malice or oppression' by failing to notify Johnson's employer."

Bayer has indicated it may consider further review of Wednesday's rulings, which most likely would mean seeking a federal court judgment. The company has previously said it would pay nearly $10 billion to upwards of 125,000 claimants, as well as setting aside another billion for potential future plaintiffs. Those settlements, announced in June, haven't yet been finalized and, in fact, have been challenged by some plaintiffs' lawyers. 

Information on other suits against manufacturers can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

Bayer/Monsanto trying to fix damaged image

Maker of Roundup herbicide planning to spend $5.6 billion on research to find a new weed-killer

Despite, or maybe because of, facing more than 5,000 lawsuits over its Roundup herbicide causing cancer, Bayer AG plans to spend $5.6 billion on researching a new weed-killer.

Bayer, parent company of agribusiness Monsanto, which recently lost three court cases that found the glyphosate-based weed-killer caused cancer, is desperately trying to wipe the tarnish from its image.

All three court cases are being appealed.

According to a recent story by Rachel Siegel in The Washington Post, though Bayer still insists that glyphosate is safe, it announced it's not only investing that $5.6 billion but it's pledging "to reduce the company's environmental footprint by 30 percent through 2030."

That promise, Siegel's story says, "signaled a change in tone for Bayer. On its website, along with a full-page ad in [the] Post, Bayer said, 'We listened. We learned.'"

The vow reportedly also added the following phrases: "As a new leader in agriculture, Bayer has a heightened responsibility and the unique potential to advance farming for the benefit of society and the planet. We are committed to living up to this responsibility."

Ken Cook

Siegel's piece, however, quoted Ken Cook, president and co-founder of the nonprofit Environmental Working Group, as saying that "if Bayer is serious about reforming its products, it has to commit to a fundamentally new paradigm for pesticides, which must start with a simple principal: This class of chemicals should not end up in people."

EWG last week published a report, the Post story asserts, that Roundup has "been detected in 21 oat-based cereals and snack products tested by the organization."

Siegel apparently believes Monsanto/Bayer "underestimated the reputational damage" that stemmed from the losing lawsuits "and how they damaged the company's public perception."

The Post also quotes Anthony Johndrow, an expert on how corporations manage crises, to the effect that Bayer is making its decisions more transparent and "is sincerely making a change."

Bayer, he indicates, knew what they were getting when they bought Monsanto last June: "This is their going forward, whether they like it or not."

When a jury recently awarded $2 billion to a Livermore couple who blamed Roundup for their non-Hodgkins lymphoma diagnoses, the verdict added to Bayer's steep stock descent to its lowest level in seven years, erasing more than 40 percent of its market value.

To read about more court cases involving manufacturers sued because their products caused disease, check out "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.

2nd major ruling against Monsanto weedkiller

Unanimous U.S. court verdict labels Roundup as major factor in Sonoma man's non-Hodgkin's lymphoma 

In what might be a bellwether case, a six-person federal jury in San Francisco unanimously found this week that Roundup, Monsanto's weedkiller, was a substantial factor in a Santa Rosa man's cancer.

Or at least one active chemical ingredient in it — glyphosate — was.

The case could affect hundreds of others: Monsanto faces 9,000 similar lawsuits in the United States alone.

According to a story by Sam T. Levin in The Guardian, the 70-year-old plaintiff, Edwin Hardeman, said he'd used the herbicide for nearly three decades, had at least once gotten it on his skin, and "alleged that his exposure to [it] caused him to develop non-Hodgkin's lymphoma [NHL], cancer that affects the immune system."

In a second phase, the jury still must weigh liability and damage.

Hardeman, who was diagnosed with non-Hodgkin's lymphoma in 2015, has used Roundup to control weeds and poison ivy on his properties since the '80s.

A BuzzFeed News story notes that "Jennifer Moore, an attorney for the Sonoma County man, said Hardeman used Roundup regularly, spraying approximately 6,000 gallons of the herbicide over the course of 26 years."

The so-called bellwether trial, which means the verdict could possibly affect future litigation, followed a California state court verdict last August that Roundup caused the terminal cancer of Dewayne Johnson, a former school groundskeeper.

That jury, Levin's piece asserts, "said Monsanto failed to warn Johnson of Roundup's health hazards and 'acted with malice or oppression.'"

It awarded Johnson $289 million in damages, although that was later slashed to $78 million.

Monsanto, predictably, has appealed.

The Guardian story notes, however, that "Hardeman's trial has been more limited in scope. While Johnson's attorneys argued that Monsanto had 'bullied' scientists and fought to suppress negative studies about its product, the federal judge barred Hardeman's lawyers  from discussing Monsanto's alleged influence on research and regulations during the hearings."

Judge Vince Chhabria

Judge Vince Chhabria did, on the other hand, verbally flog the company on a procedural order during the trial by saying, "Although the evidence that Roundup causes cancer is quite equivocal, there is strong evidence from which a jury could conclude that Monsanto does not particularly care whether its product is in fact giving people cancer, focusing instead on manipulating public opinion and undermining anyone who raises genuine and legitimate concerns about the issue."

Despite the latest verdict, Monsanto, which has been bought by Bayer for $63 billion, continues "to argue that Roundup is safe to use and does not cause NHL."

The Hardeman trial is in effect a test case for almost 800 others nationwide that were consolidated. At least six more trials, according to MarketWatch, are expected to start this year in federal and state courts.

Details on other court cases about products that cause disease can be found in "Rollercoaster: How a man can survive his partner's breast cancer," a VitalityPress book that I, Woody Weingarten, aimed at male caregivers.