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.

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.