Roundup Class Action Says Strength of Concentrates is Overstated

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The Monsanto Company has been hit with a false advertising class action lawsuit that accuses it of misleading consumers about the strength of its Roundup Concentrate herbicides.

Monsanto introduced its Roundup herbicide in the mid-1970s for use in the agricultural community and in the mid-1980s for residential use. Roundup is one of the most widely-used residential weed killers.

According to the Roundup class action lawsuit, Monsanto sells a variety of Roundup Concentrate herbicides that are intended to be diluted prior to use.

When diluted as directed, the herbicide is supposed to have the same weed-killing power as “Ready-to-Use” Roundup, which is sprayed directly from the bottle.

The concentrated herbicides are designed to be diluted and used with a tank sprayer.

The products named in the Monsanto class action lawsuit include Roundup Weed & Grass Killer Concentrate Plus and Roundup Weed & Grass Killer Super Concentrate.

Plaintiff Elisabeth Martin points to the labels on the Monsanto Concentrates which advertise the 32-ounce size as being capable of making up to 10 gallons of Roundup, the 36.8-ounce size as being capable of making up to 12 gallons of Roundup and the 64-ounce size advertises that it makes up to 21 gallons of Roundup.

However, the Roundup Concentrates are actually only capable of making half the number of gallons represented when it is diluted to the same strength as “Ready-to-Use” Roundup, the Monsanto class action lawsuit alleges.

Martin says that, after following the instructions provided by Monsanto, the 32-ounce size actually only makes five gallons of Roundup, the 36.8-ounce size only makes six gallons of Roundup, and the 64-ounce size only makes 10.5 gallons of Roundup.

“The same holds true for all sizes and variations of the Roundup Concentrates,” the Monsanto class action lawsuit states.

According to the Roundup class action lawsuit, the instructions for use are included in a pamphlet that is taped to the back label and sealed tightly.

Martin says that the majority of customers would not feel that they were permitted to unseal the pamphlet to review the instructions prior to purchase.

“Even for those who have already purchased the product and then succeeded in removing the pamphlet, generally they do not feel the need to review the instructions on several pages of fine print before actual use, particularly since they have already seen the easy-to-read diagram with mixing instructions on the cover of the pamphlet prior to purchase,” Martin says.

Martin claims she paid more for the Roundup Super Concentrate product than she would have otherwise paid had she known about the false and misleading labeling.

She says she did not receive what she paid for when she purchased the Monsanto Roundup Super Concentrate product.

The Monsanto class action lawsuit asserts claims for violations of the Magnuson-Moss Warranty Act, the California Consumers Legal Remedies Act, False Advertising Law, Unfair Competition Law, breach of express warranty, and breach of the implied warranty of merchantability.

Martin is represented by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of The Law Office of Jack Fitzgerald PC and Sidney W. Jackson III of Jackson & Foster LLC.

The Monsanto Roundup Concentrates Class Action Lawsuit is Elisabeth Martin v. Monsanto Company, Case No. 5:16-cv-02168, in the U.S. District Court for the Central District of California.

UPDATE: January 2018, the Roundup Concentrate class action settlement is now open. Click here to file a claim.

UPDATE 2: On Jan. 27, 2020, Top Class Actions viewers started receiving checks in the mail from the Roundup Concentrate class action settlement worth as much as $720. Congratulations to everyone who filed a claim and got PAID!