A California federal judge recently tossed out a lawsuit against Costco Wholesale Corp. that alleged the chain failed to inform consumers about the dangers, including the risk of cancer, of Roundup ingredients, granting leave to amend.

The proposed class action lawsuit was filed on March 27 by plaintiff Paul Taylor, who raised violations of California’s Unfair Competition Law in connection with Costco’s sale of the controversial and purportedly carcinogenic weed killer, Roundup.  

Lawsuit Says Costco Didn’t Post Warnings or Information About Potential Health Risks

Taylor claimed that he bought Roundup on two occasions from a Costco location in Shasta County, California. In the lawsuit, he argued that had he known Roundup ingredients were carcinogenic, he never would have purchased the product. Taylor maintained that although Costco couldn’t control the labels of the product or the information on them, it still chose to sell them without providing any warnings about the health risks associated with it on the store’s website, shelves, or at the time of sale.

Throughout the complaint, Taylor contended that Roundup manufacturer, Monsanto, engaged in an active effort to conceal the alleged dangerousness of the product by citing to a history of studies pointing to glyphosate’s association with non-Hodgkin lymphoma. He also claimed that Monsanto hid scientific evidence from the Environmental Protection Agency in connection with the health risks of Roundup ingredients. However, Taylor’s lawsuit didn’t raise any causes of action against Monsanto — it specifically focused on claims surrounding what he argues was Costco’s deception, and unfair business practices, “by selling a product with links to cancer without disclosing the known health risks.” 

According to U.S. District Chief Judge Kimberly J. Mueller, Taylor “recites a long and contentious history of the science and legal status of glyphosate,” but it wasn’t enough to prevail in an action against Costco for selling the product, based on the unfair competition law. 

In her Oct. 7 order dismissing the action, Chief Judge Mueller determined, “The allegations relating to the history of glyphosate do not apprise the reader of how knowledge of scientific studies, legislation in foreign jurisdictions, and personal injury litigation could possibly be imputed to Costco.” 

Chief Judge Mueller further stated in the order, “Even taking as true the allegation that Monsanto is responsible for contributing to a distorted and false EPA review of glyphosate’s safety, as the court must, it is impossible to tell from the allegations of the complaint how Costco would have been on constructive notice of that fact.”

Despite granting Costco’s motion to dismiss, the chief judge’s order gave Taylor leave to amend the complaint since it didn’t include any facts that could support the chain’s participation in an unfair business practice.  

What Are the Risks of Roundup Ingredients?

Taylor’s proposed class action is one of thousands of lawsuits that continue to accrue in connection with the controversy surrounding Roundup ingredients and the cancer risks they pose, as well as purportedly deceptive marketing practices concerning the sale of the product.

Roundup’s active ingredient — glyphosate — has been linked to a number of cancers such as lymphomas and leukemias. In fact, research revealed that those with high exposure to glyphosate, who participated in the study, had an increased risk of non-Hodgkin lymphoma by 41%.

Glyphosate has been associated with B-cell lymphoma, T-cell lymphoma, chronic lymphocytic leukemia, and hairy cell leukemia. Not only is the herbicide dangerous to those who regularly use it, but it can also appear in food treated with it. Recently, researchers have also observed a link between those who consume commercial crops that have been sprayed with Roundup and liver disease.

In addition to the effects of prolonged exposure, even brief exposure to the chemical may result in adverse physical effects. Inhalation of glyphosate can cause eye, skin, nose, and throat irritation. Accidental ingestion can lead to mouth burns, nausea, vomiting, and diarrhea.

Are There Studies that Prove Roundup Ingredients Cause Cancer?

Many studies are still being conducted concerning the possible dangers associated with the herbicide glyphosate — although several juries found that there was enough evidence to link a plaintiff’s illness to their exposure to Roundup awarding settlements in the millions.

The International Agency for Research on Cancer designated glyphosate as “probably carcinogenic to humans.” The IARC noted that there was “sufficient evidence of carcinogenicity” in lab animals and also found that the Roundup chemical caused DNA and chromosomal damage in the cells of humans.

The herbicide glyphosate is also an identified carcinogen under California’s Proposition 65.

The Costco Roundup Ingredients Lawsuit is Taylor v. Costco Wholesale Corp., Case No. 2:20-cv-00655, in the United States District Court for the Eastern District of California. 

Join a Roundup Weed Killer Cancer Class Action Lawsuit Investigation

You may qualify for this Roundup cancer lawsuit investigation if you were diagnosed with one of these conditions after using Roundup:

• Non-Hodgkin’s lymphoma
• B-cell lymphoma
• T-cell lymphoma
• Chronic lymphocytic leukemia (CLL)
• Hairy cell lymphoma

See if you qualify by filling out the form on this page for a case evaluation with an experienced Roundup lawsuit attorney. 

Get a Case Evaluation

This article is not legal advice. It is presented
for informational purposes only.