Bayer AG has been named in yet another lawsuit over its controversial weedkiller Roundup, but this one differs from the 13,400 others, which were brought by people who say they got cancer caused by exposure to Roundup’s active ingredient, glyphosate.

Plaintiffs in this suit, filed in Missouri, want to be compensated for economic losses and punitive damages based on allegations the company failed to disclose Roundup health risks in its advertising and labeling.

Bayer acquired the rights to the controversial herbicide when it took over Monsanto last year.

Deceptive Marketing?

By not disclosing Roundup health risks allegedly caused by its active ingredient, glyphosate, Bayer is in violation of a 1967 law known as the Missouri Merchandising Practices Act, which makes it illegal for a merchant to engage in “deception, fraud, false pretense, false promise, [and] misrepresentation” in its marketing and promotions, the lawsuit claims. Violators can be subject to criminal charges as well as civil liability.

At the heart of the complaint is Bayer’s claimthat extensive research has found that “glyphosate and our glyphosate-based formulated products can be used safely and are not carcinogenic.”

Are Claims About Roundup Health Risks True?

While numerous studies have appeared to demonstrate that glyphosate is safe when used as directed, in 2017 the New York Times  published a story, based on unsealed court documents, showing that those studies were written by Monsanto’s own company scientists, whose research methods were questionable at best. There was also evidence of collusion with EPA officials.

Three trials in California over the past year have ended in multi-million dollar verdicts in favor of plaintiffs diagnosed non-Hodgkin lymphoma – which they attribute to glyphosate exposure.

Defendant’s Response

In a statement emailed to the St. Louis Business Journal, a Bayer spokesperson for Bayer claimed that the current lawsuit has no merit, since “…the U.S. Environmental Protection Agency (EPA) has considered and approved the labels for our glyphosate-based herbicides based on their expert assessment of the extensive body of research and their conclusions that these herbicides can be used safely and that glyphosate is not carcinogenic.”

The email also cites the more than 800 “studies” that allegedly support Bayer’s claims of glyphosate safety.

Alleged Roundup Health Risks

In addition to non-Hodgkin lymphoma, other health risks linked to the Roundup ingredient glyphosate include autism, respiratory disease, diabetes, kidney and liver damage, multiple sclerosis, Parkinson’s disease, amyotrophic lateral sclerosis (known as ALS or Lou Gehrig’s Disease) and male sterility.

The current class action excludes plaintiffs who suffer from illnesses allegedly caused by glyphosate exposure. Plaintiffs in this case are seeking refunds for their purchases and punitive damages. Those who believe they have been made ill because of Roundup health risks can file individual lawsuits.

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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