New Legislation Could Be a Defense for Dangerous Product Claims
Legislation introduced in at least eight states could limit chemical company Bayer’s liability in Roundup lawsuits, significantly affecting whether people who developed cancer after Roundup exposure will settle successfully. Many of the Roundup lawsuits filed against Bayer allege that the company failed to warn consumers about the risks of the weed killer. Bayer acquired biotechnology company Monsanto, the original developer of Roundup, in 2018. If the legislation is successful, it will shield pesticide manufacturers from failure-to-warn claims as long as the product’s label meets the guidelines set by the U.S. Environmental Protection Agency (EPA). The change would signal a big win for Bayer, which could then use the new laws in its defense. In Iowa, the proposed legislation was met with protests from dozens of people who held up signs in the state capitol building, including family members of people with cancer.
Some organizations are using targeted advertisements to convince the public that the legislation is worth supporting, including a six-figure Super Bowl ad from the Protecting America Initiative. Comparable legislation has been unsuccessful in Missouri and Idaho, and it’s difficult to predict whether these proposals will become law. But if they do pass, plaintiffs in Roundup lawsuits would likely face a more challenging path when suing Bayer. While the legislation may not make it impossible, it’d be a harder bar to clear, as failure-to-warn lawsuits make up the bulk of Roundup claims.
Roundup Risks
Roundup was introduced to the market in the 1970s. The pesticide contains glyphosate, a herbicide that effectively targets various weeds and grasses. Experts value the glyphosate market at $11 billion worldwide, and Roundup is a widely popular product because of its effectiveness. Studies have found that glyphosate is in the water supply because of how extensively it is used. However, there’s a potential risk that many customers may not know about when purchasing, which can have catastrophic consequences. Glyphosate is linked to non-Hodgkin’s lymphoma, a disease that occurs when cancerous cells form in the body’s lymphatic system. One study found that glyphosate exposure could increase the risk of the disease by 41 percent. It’s not clear why the herbicide raises the chances, but some research shows it may damage white blood cells.
The U.S. Environmental Protection Agency (EPA) says glyphosate doesn’t have cancer-causing properties, but the International Agency for Research on Cancer (IARC) has found that the pesticide is “probably” carcinogenic. In 2022, a federal court ordered the EPA to reexamine the effects of glyphosate, but the results have not yet been made public. Regardless of the scientific debate, more than 100,000 people have sued Bayer because they got sick after Roundup exposure. Others have filed lawsuits because they’ve lost loved ones to cancer. Bayer agreed to pay over $10 billion to settle Roundup claims in 2020.
What Is A Failure-to-Warn Claim?
Have you ever read the warning label for a product and wondered why it contained so much information? Product liability law is the answer. Manufacturers must adequately warn consumers about the risks their products might bring. If a manufacturer or seller fails to appropriately caution the public, even with no ill intent, they can be held legally liable. The defendant may try to prove the plaintiff misused the product in a reckless manner, so it’s essential to have an attorney who can gather evidence and show the truth. Defective product lawyers specialize in these claims, and it’s important to consult with one if you think a manufacturer didn’t meet their legal duty.
Many Roundup lawsuits against Bayer rely on the failure-to-warn doctrine, arguing that the company knew or should have known about the cancer risk. The plaintiffs, most of whom developed cancer after glyphosate exposure, say they wouldn’t have used Roundup if they’d known about the potential danger. The company has paid billions of dollars to settle these claims, but tens of thousands of lawsuits are still pending — and many more are sure to come. However, these cases may hang in limbo if failure-to-warn becomes no longer allowable in court. The EPA doesn’t require a cancer warning on Roundup, and it’s unclear whether Bayer will ever add one. If the proposed legislation becomes law, the company would likely be less motivated to change labels.
The Future of Roundup Lawsuits
Will the legislation be successful and impact thousands of claims? It’s hard to say. Last year, a similar bill was introduced in the Iowa Legislature and passed the Senate but failed in the House. Agricultural groups have joined Bayer in voicing support, saying agricultural workers could lose needed access to Roundup if lawsuits continue. But the environmental groups, attorneys, and cancer survivors who oppose the Iowa bill say it’ll unfairly impact Roundup victims who deserve compensation. The result won’t be clear until the legislation finishes moving through the political process. But if Bayer finds success in the states where bills are pending, the company will likely expand its efforts.
It’s never been more essential to consult with an attorney if you’ve been injured after using Roundup. The future of these lawsuits is up in the air, and the fate of plaintiffs is essentially in the hands of politicians. It may seem discouraging, but a lawyer can help you determine how to best move forward. In most product liability cases, you won’t face any upfront costs — instead, your attorney takes a portion of the settlement they win for you. Additionally, many attorneys offer free, no-obligation consultations to discuss your case. While this new legislation could transform how cases are handled, an attorney can help strategize to find the best solution.
