Roundup®, HDX®, Ace® weed killer false advertising $45M class action settlement

Updates:

• As of Aug. 28, 2024, all appeals have been resolved. According to the settlement website, payments will be issued in October. 

• A notice of appeal was filed final approval order, on April 21, 2023.
• No payments will be issued until all appeals are resolved.

• A judge granted the settlement final approval March 31, 2023.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

EDITOR’S NOTE: This content has been sponsored and edited for clarity in collaboration with the sponsor.

Monsanto has agreed to pay up to $45 million as part of a class action settlement resolving false advertising and breach-of-warranty claims surrounding certain Roundup®, HDX® and Ace® weed and grass killer products.

Plaintiffs in the class action lawsuit allege Monsanto illegally promoted and sold Roundup®, HDX®, Ace® brand products without disclosing the potential health risks. This case is not a personal-injury case. Plaintiffs do not allege they were injured or became ill from exposure to the products. Monsanto has not admitted any wrongdoing but has agreed to the settlement.

CLASS MEMBERS WILL RETAIN THEIR RIGHT TO SUE IF THEY CURRENTLY HAVE, OR LATER DEVELOP, CANCER OR ANY OTHER ILLNESS OR INJURY FROM EXPOSURE TO THE PRODUCTS.

The Monsanto settlement benefits anyone in the United States who, during their respective class period, purchased any size or variety of the following products other than for resale or distribution: 

• Roundup® Ready-to-Use Weed & Grass Killer (all applicators)
• Roundup® Ready-to-Use Weed & Grass Killer Plus (all applicators)
• Roundup® Weed & Grass Killer Concentrate Plus
• Roundup® Weed & Grass Killer Super Concentrate
• Roundup® Ready-to-Use Poison Ivy Plus Tough Brush Killer
• Roundup® Ready-to-Use Wild Blackberry Plus Vine and Brush Killer
• Roundup® Concentrate Poison Ivy Plus Tough Brush Killer
• Roundup® Concentrate Wild Blackberry Plus Vine and Brush Killer
• Roundup® Ready-to-Use Extended Control Weed & Grass Killer Plus Weed Preventer
• Roundup® Concentrate Extended Control Weed & Grass Killer Plus Weed Preventer
• Roundup® Ready-to-Use Max Control 365
• Roundup® Concentrate Max Control 365
• Roundup® Weed & Grass Killer Sure Shot Foam
• Roundup® Precision Gel Weed & Grass Killer
• Roundup® Pro Concentrate (2.5-gallon size)
• HDX® Weed & Grass Killer Ready-to-Use
• HDX® Weed & Grass Killer Concentrate
• Ace® Ready-to-Use Weed & Grass Killer
• Ace® Weed & Grass Killer Concentrate

The class period will depend on the state in which each class member made their purchase. A list of class periods is available on the settlement website.

These weed and grass killer products were sold at retailers such as Home Depot, Walmart, Amazon, Target, Lowe’s and others.

Under the terms of the false advertising settlement, class members can claim a cash payment.

Payments are anticipated to be between $0.55 and $33 per unit, depending on which products the class member purchased.

The deadline to submit a claim form is Oct. 19, 2022.

The deadline to opt out of the settlement is Oct. 19, 2022. The deadline to object is Dec. 5, 2022.

A final fairness hearing will take place Jan. 12, 2023.

Who’s Eligible

The settlement benefits anyone in the United States who, during their respective class period, purchased any size or variety of the certain weed killing products other than for resale or distribution. 

Potential Award

$0.55 to $33 per unit.

Payments per unit range are expected to range from $0.55 to $33, depending on the price of the product(s) purchased, for between two and 11 units without proof of purchase, depending on the state in which the purchase was made.

Proof of Purchase

With the exception of the three largest concentrated products, consumer claims can be made without proof of purchase, but are limited to one unit per year within the class period.

An unlimited number of products can be claimed if valid proof of purchase is provided for each product. Proof of purchase must identify the product and quantity purchased.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/19/2022

Case Name

Gilmore, et al. v. Monsanto Co., et al., Case No. 3:21-cv-8159 in the U.S. District Court for the Northern District of California

Final Hearing

01/12/2023

Settlement Website

WeedKillerAdSettlement.com

Claims Administrator

833-749-1489

Class Counsel

Gillian L. Wade
Sara D. Avila
Marc A. Castaneda
MILSTEIN, JACKSON, FAIRCHILD & WADE LLP

Joel Oster
LAW OFFICES OF HOWARD RUBINSTEIN

Defense Counsel

John Rosenthal
Jeff Wilkerson
WINSTON & STRAWN LLP

Brian Stekloff
Rakesh Kilaru
WILKINSON STEKLOFF LLP