Emily Sortor  |  April 20, 2020

Category: Consumer News

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farmer spraying Roundup on fields

On July 15, 2019, a federal judge reduced an $80 million payout granted to plaintiffs in a Roundup cancer lawsuit filed against pharmaceutical and agricultural corporation AC Bayer.

U.S. District Judge Vince Chhabria found that although the evidence presented in the trial supports the award of $5.27 million in compensatory damages to the plaintiffs who claim that Bayer’s herbicide Roundup caused them to develop cancer, the initial $75 million award of punitive damages was too high.

Although Judge Chhabria wrote that the company’s conduct was reprehensible and deserving of punishment, he did not find the amount of punitive damages to be appropriate in the absence of evidence showing that the company intentionally concealed the risks associated with its product.

This is not the first ruling against Bayer regarding Roundup cancer allegations to be reduced. In late 2018, a San Francisco Bay Area judge reduced a payout of $289.2 million awarded to a groundskeeper down to $78.5 million, according to a report on Gizmodo.

Although Bayer has been successful in these instances, the company is still facing thousands of lawsuits claiming that exposure to its popular weed killer Roundup may cause cancer, including non-Hodgkin’s lymphoma. More than 13,000 lawsuits have been filed against Bayer and Roundup by victims who claim their cancer was caused by the herbicide.

Despite Bayer’s success in getting some of the payouts reduced, the company continues to lose cases from plaintiffs claiming that Roundup is dangerous and poses serious health threats for humans.

About Roundup

Roundup is a weedkiller produced by Monsanto. It has been the center of a debate over whether or not glyphosate, the active ingredient in Roundup, is environmentally safe or not.

In light of Bayer’s recent acquisition of Monsanto, this debate has only grown, as environmentalists and health experts expressed concern over Roundup and glyphosate, while Bayer, Monsanto, and many players in the agricultural industry maintain that the chemical is harmless.

How does Roundup work?

Roundup’s main ingredient, glyphosate, is a herbicide that kills weeds by blocking enzymes that regulate plant growth. Roundup is used both in agricultural settings and in lawn care.

The agricultural industry has created bioengineered crops that can resist glyphosate, so they can thrive even when glyphosate is sprayed on a field. 

Is Roundup safe for humans?

Recently, a debate has been launched over whether or not glyphosate is safe for humans. PBS notes that for many years experts thought that glyphosate was only dangerous to plants, and not humans. This was thought to be the case because humans do not have the enzyme that is affected by Roundup.

However, the chemical may be linked to cancer. Certain cities in California are even banning Roundup.

Individuals have reported that they developed cancer after using Roundup for many years. Additionally, the World Health Organization’s International Agency for Research on Cancer has dubbed glyphosate a “probable human carcinogen.”

PBS notes that the University of Washington conducted a review finding that agricultural workers who used glyphosate extensively were 41 percent more likely to develop non-Hodgkin’s lymphoma during their lifetime than those who never used it or used it infrequently.

In contrast, other health organizations maintain that the chemical is safe. One such organization is the Environmental Protection Agency.

Unfortunately, Roundup is not the only weed killer made with glyphosate. PBS explains that more than 750 products containing the chemical are sold in the United States. This means that both humans and the environment may be exposed to a significant amount of glyphosate. PBS goes on to note that a study examined the urine of a small group of people throughout the country, to better understand Americans’ exposure to glyphosate. About 93 percent of the people studied had glyphosate residue in their urine.

gardener wearing protective gear while spraying roundupIs Roundup environmentally safe?

Bayer maintains that glyphosate is non-toxic to both humans and the environment.

However, National Geographic reports that USGS hydrologist Paul Capel says there is not much information available on what happens to glyphosate after it is used. Reportedly, this is in part because the U.S. government does not test for the residue of the chemical in food, and does not monitor its presence in people’s bodies. 

Therefore, there is reportedly no information available on how much glyphosate people are exposed to due to its presence in the environment or in their food, even if they live far from farms.

USGS has studied the response of glyphosate in waterways, determining that the chemical is present in most waterways in the 38 states tested. Reportedly, the chemical was found in much smaller amounts in groundwater because it binds tightly to soil.

National Geographic notes that the USGS study did show that glyphosate was present in around 70 percent of rainfall samples tested.

Even if a person did not use glyphosate themselves or did not live near a farm, the chemical’s presence in water may cause them to be exposed. Exposure can lead to a host of Roundup-related diseases.

Is there an environmentally safe alternative to Roundup?

Roundup is so popular because it is so effective. There are other herbicides on the market, but they may not work as well.

Green City Blue Lake, the Cleveland Museum of Natural History, and Moms Across America note safe alternatives to Roundup, and that some essential oils, vinegar, and acid can be sprayed on weeds to kill them.  These methods may be more environmentally safe than Roundup, but they may not be effective on a large scale.

The most effective way to eliminate weeds on a small scale may just be to dig them up by hand, or flame weeding, according to the Sierra Club’s list of Roundup alternatives, which comes with its own risks. 

Roundup is an effective weedkiller, so the incentive to use it may be strong. If you do choose to use Roundup, PBS suggests taking steps to protect both yourself and the environment. Customers who are worried if Roundup is environmentally safe may choose to limit their Roundup use to help reduce the environmental impact and prevent extensive exposure to the product.

PBS advises customers to follow the instructions and warnings on the product’s label. Users are advised to wear gloves while using the product and to take care to not let Roundup touch eyes, skin, or clothing. People and pets should not enter the treated area until it is dry, to best protect their health.

Users can also take certain steps to minimize the environmental impact of the product. According to PBS, it is best to use the product on rain-free days with minimal wind, so the product does not drift into other areas. Additionally, it is important to not let it run off of the intended area into the gutters or waterways, which can expose a wider area to the chemical. 

If you or a loved one developed cancer after using Roundup as a farm worker or home gardener, you may have a legal claim. Legal migrant farm workers may also seek help. Learn more by filling out the form on this page for a FREE case evaluation.

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