A proposed class action lawsuit has been filed against Home Depot, accusing the company of misrepresenting the health dangers of the popular weed killer Roundup.

Lead plaintiff James W. says Home Depot was privy to health risk information from Roundup manufacturer Bayer AG, but the national retailer did not share the information with consumers. Bayer acquired the rights to Roundup after its takeover of Monsanto in 2018.

The Roundup lawsuit alleges that while the product’s warning label claims its only risk is eye irritation, Home Depot was provided a “safety data sheet” (SDS) in which the manufacturer acknowledges glyphosate exposure through both skin contact and inhalation. Glyphosate, Roundup’s active ingredient, has been linked to cancer, specifically non-Hodgkin’s lymphoma (NHL).

Filed in early August, the proposed class action differs from the tens of thousands of other Roundup cancer lawsuits in that it is going after a retailer and not the manufacturer.

Same Cause of Action

Despite pursuing a different defendant, the current Roundup lawsuit has similar allegations as the other cases against Bayer and Monsanto, namely a focus on evidence that glyphosate is a carcinogen and health threat.

The current Roundup lawsuit alleges that although Home Depot was aware of the SDS, it did not warn customers that a respirator should be worn when spraying the product.

The lead plaintiff also accuses Home Depot of violating California’s Consumer Legal Remedies Act (CLRA).

This statute prohibits a number of “methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer.”

Plaintiffs in the Roundup lawsuit say that by failing to post a comprehensive and prominent warning, Home Depot engaged in a deceptive act that encouraged customers to purchase the product, something that the lead plaintiff claims he would not have done had full disclosure been made.

Other Roundup Lawsuit Investigations

In 2015, the International Agency for Research on Cancer (IARC), an office of the World Health Organization, determined that glyphosate is “probably carcinogenic” and can result in damage to human DNA.

Since that time, California has added glyphosate to its list of substances “known to cause cancer.” A growing body of research is confirming the links between glyphosate and various forms of cancer, specifically non-Hodgkin’s lymphoma (NHL).

Bayer continues to defend glyphosate and insists that it’s harmless when used as directed. Its credibility has been called into question given that Monsanto forged its own “safety studies,” and killed an independent review, something that came out in a 2017 lawsuit.

Cases that have gone to trial already have resulted in big victories for plaintiffs, including a $2 billion award to a couple who blamed their non-Hodgkin’s lymphoma on Roundup.

In response to the current class action, Home Depot has only said that it is “reviewing the complaint.”

The Roundup Class Action Lawsuit is Case No. 2:19-cv-06780, in the U.S. District Court for the Central District of California.

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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