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New Claims Against Monsanto in Consumer Lawsuit Over Roundup Herbicide
By Carey Gillam
Another day, another lawsuit against global seed and chemical giant Monsanto Co. In a complaint filed Tuesday in federal court in Wisconsin, six consumers alleged that the company's top-selling Roundup herbicide has been falsely promoted as uniquely safe when it actually can have profound harmful impacts on human gut bacteria critical to good health.
The lawsuit, which also names Roundup distributor Scotts Miracle-Gro Co. as a defendant, specifically alleges that consumers are being deceived by inaccurate and misleading statements made by Monsanto regarding glyphosate, the active weed-killing ingredient in Roundup. Plaintiffs include residents of Wisconsin, Illinois, California, New York, New Jersey and Florida.
Glyphosate, which Monsanto introduced as an herbicide in 1974 and is widely used in growing food crops, has been promoted for years as a chemical that kills plants by targeting an enzyme that is not found in people or pets. The lawsuit claims that assertion is false, however, and argues that research shows glyphosate can target an enzyme found in gut bacteria in people and animals, disrupting the immune system, digestion and "even brain function."
"Defendants repeat these false and misleading representations throughout their marketing, including in video advertisements produced for their websites and YouTube Channel," states the lawsuit, which is filed in U.S. District Court for the Western District of Wisconsin.
Monsanto did not respond to a request for comment and neither did Scotts. Monsanto is currently defending itself against nationwide claims that Roundup has caused hundreds of people to suffer from a type of blood cancer called non-Hodgkin lymphoma. More than 1,100 plaintiffs have lawsuits pending in state and federal courts with many of the lawsuits combined in multi-district litigation in federal court in San Francisco. Those lawsuits were triggered by a 2015 decision by the World Health Organization's International Agency for Research on Cancer (IARC) to classify glyphosate as a probable human carcinogen. IARC said research showed an association between non-Hodgkin lymphoma and glyphosate, with limited evidence from epidemiology data collected on humans and stronger evidence seen in laboratory animals exposed to glyphosate.
The lawsuit filed in Wisconsin is markedly different from the Roundup cancer claims, though some of the same attorneys are involved in both lines of litigation. Plaintiffs do not claim physical injury; rather they claim violations of trade and business practices laws, and allege Monsanto and Scotts were "unjustly enriched" as plaintiffs purchased and paid for more Roundup products than they would have in absence of the alleged false promotions.
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Edwin Hardeman is the plaintiff in the first U.S. federal trial claiming that Roundup causes cancer. NOAH BERGER / AFP / Getty Images
A second U.S. jury has ruled that Roundup causes cancer.
The unanimous verdict was announced Tuesday in San Francisco in the first federal case to be brought against Monsanto, now owned by Bayer, alleging that repeated use of the company's glyphosate-containing weedkiller caused the plaintiff's cancer. Seventy-year-old Edwin Hardeman of Santa Rosa, California said he used Roundup for almost 30 years on his properties before developing non-Hodgkin's lymphoma.
The decision comes less than a year after a jury awarded $289 million to Bay-area groundskeeper Dewayne Johnson over similar claims. The amount was later reduced to $78 million.
"Today's verdict reinforces what another jury found last year, and what scientists with the state of California and the World Health Organization have concluded: Glyphosate causes cancer in people," Environmental Working Group President Ken Cook said in a statement. "As similar lawsuits mount, the evidence will grow that Roundup is not safe, and that the company has tried to cover it up."
Judge Vince Chhabria has split Hardeman's trial into two phases. The first, decided Tuesday, focused exclusively on whether or not Roundup use caused the plaintiff's cancer. The second, to begin Wednesday, will assess if Bayer is liable for damages.
"We are disappointed with the jury's initial decision, but we continue to believe firmly that the science confirms glyphosate-based herbicides do not cause cancer," Bayer spokesman Dan Childs said in a statement reported by The Guardian. "We are confident the evidence in phase two will show that Monsanto's conduct has been appropriate and the company should not be liable for Mr. Hardeman's cancer."
Some legal experts said that Chhabria's decision to split the trial was beneficial to Bayer, Reuters reported. The company had complained that the jury in Johnson's case had been distracted by the lawyers' claims that Monsanto had sought to mislead scientists and the public about Roundup's safety.
However, a remark made by Chhabria during the trial and reported by The Guardian was blatantly critical of the company.
"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," he said.
Many regulatory bodies, including the U.S. Environmental Protection Agency, have ruled that glyphosate is safe for humans, but the World Health Organization's International Agency for Research on Cancer found it was "probably carcinogenic to humans" in 2015. A university study earlier this year found that glyphosate use increased cancer risk by as much as 41 percent.
Hardeman's lawyers Jennifer Moore and Aimee Wagstaff said they would now reveal Monsanto's efforts to mislead the public about the safety of its product.
"Now we can focus on the evidence that Monsanto has not taken a responsible, objective approach to the safety of Roundup," they wrote in a statement reported by The Guardian.
Hardeman's case is considered a "bellwether" trial for the more than 760 glyphosate cases Chhabria is hearing. In total, there are around 11,200 such lawsuits pending in the U.S., according to Reuters.
University of Richmond law professor Carl Tobias told Reuters that Tuesday's decision showed that the verdict in Johnson's case was not "an aberration," and could possibly predict how future juries in the thousands of pending cases would respond.
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