Roundup Lawsuits Against Bayer Will Continue After U.S. Appeals Court Rejects Federal Preemption Argument

February 21, 2024 | Attorney, Matthew Dolman
Roundup Lawsuits Against Bayer Will Continue After U.S. Appeals Court Rejects Federal Preemption Argument

Roundup lawsuits will continue after a U.S. Appeals Court dismissed Bayer's argument that they should be protected from state lawsuits because of federal laws.

Image of Roundup Weed Killer Bottles on a Shelf

Recently, Bayer and Monsanto put forth an argument to stop Roundup lawsuits from going forward in federal courts nationwide. They stated that claims should be dismissed because they would have had to meet different labeling requirements at the state and federal levels. 

The plaintiff in this case, Carson, used Roundup from 1986 and 2016. They were unaware of any potential cancer risks, as the label had no cancer warnings. Previously, Carson and Bayer reached a settlement agreement of $100,000. However, Carson reserved the right to appeal failure-to-warn claims. 

Fortunately, Monsanto’s argument against Carson was rejected by the federal appeals court. 

The opinion of the court summarized Monsanto’s argument:

Monsanto argued that FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) preempted Carson’s state-law claims because the Environmental Protection Agency approved Roundup’s label without a cancer warning and classified Roundup’s main ingredient as “not likely to be carcinogenic.” 

In response to Monsanto’s argument, the court said: 

We conclude that FIFRA does not expressly preempt Carson’s failure-to-warn claim. FIFRA’s preemption provision applies to only those state requirements that are “in addition to or different from” federal requirements. And Georgia common law does not impose duties “in addition to or different from” FIFRA’s requirements; rather, Georgia common law is less demanding than federal requirements.

We also conclude that implied preemption does not bar Carson’s failure-to-warn claim. Monsanto has not met its burden to show that, in an action that carried the force of the law, the Agency would not have approved the warning label that Carson proposes. So Monsanto has not established that it could not have complied with both state and FIFRA requirements. 

Simply put, although the EPA approved Roundup’s label without a cancer warning, Monsanto has no evidence to prove that the FIFRA would not have approved the warning label that Carson (the plaintiff) proposed. Either way, the court decided that compliance with the FIFRA labeling rules does not prevent people like Carson from pursuing failure to warn cases. 

Read more: Monsanto Settles New York Roundup Weedkiller Lawsuit for $7 Million

No End in Sight for Roundup Lawsuits

In the past eight years, more than 120,000 Roundup lawsuits have been filed in the United States. They claim that Roundup failed to warn consumers of potential cancer risks, and many users, both in homes and agricultural use, have developed cancer as a result. 

This case first emerged in 2015 and shows no sign of stopping. More and more people are connecting their non-Hodgkin’s lymphoma to the use of the weed killer and filing claims because of it. 

Bayer and Monsanto have resolved thousands and thousands of cases, but they keep coming. Many plaintiffs have refused to take settlement offers and instead have taken the brand to trial for their damages. 

With their recent preemption argument being denied, Bayer and Monsanto can expect more and more individual claims to be filed against them. 

If you or a loved one has developed cancer because of Roundup weed killer, our team of experienced and compassionate Roundup lawyers are here to help you file a claim and get the compensation that you deserve. 

Recent Victories for Roundup Lawsuit Plaintiffs 

Bayer has had to pay some massive settlements recently. One huge win for Roundup lawsuit plaintiffs came in January of 2024 when the companies were required to pay $2.2 billion in damages to a landscaper in Pennsylvania who was diagnosed with non-Hodgkin’s lymphoma. 

A few months before that, in November 2023, Bayer and Monsanto paid out another $1.5 billion to plaintiffs who experienced similar losses. 

We can expect Bayer and Monsanto to continue paying out large sums of money to those affected by Roundup over the past few decades. With their preemption argument declined, the road is wide open for victims to continue seeking the compensation they deserve. 

If you believe that Roundup caused you to develop cancer, our team of Roundup Lawsuit Lawyers can help. Contact Dolman Law Group online or by calling us at 727-451-6900.


Matthew Dolman

Personal Injury Lawyer

This article was written and reviewed by Matthew Dolman. Matt has been a practicing civil trial, personal injury, products liability, and mass tort lawyer since 2004. He has successfully fought for more than 11,000 injured clients and acted as lead counsel in more than 1,000 lawsuits. Always on the cutting edge of personal injury law, Matt is actively engaged in complex legal matters, including Suboxone, AFFF, and Ozempic lawsuits.  Matt is a lifetime member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum for resolving individual cases in excess of $1 million and $2 million, respectively. He has also been selected by his colleagues as a Florida Superlawyer and as a member of Florida’s Legal Elite on multiple occasions. Further, Matt has been quoted in the media numerous times and is a sought-after speaker on a variety of legal issues and topics.

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