RoundUp with Glyphosate Still on Store Shelves

Bayer recently announced its plan to remove the pesticide glyphosate from some of its RoundUp products. This announcement comes after years of litigation in which the agricultural and pharmaceutical giant faced legal claims contending that this chemical was linked to the development of cancer in some RoundUp consumers. However, RoundUp products containing glyphosate are still being sold as-is on store shelves until 2023. 

Below we discuss why RoundUp products containing glyphosate are still publicly available for consumption, and what you should know about Roundup lawsuits. 

Why Is RoundUp with Glyphosate Still on Store Shelves?

Litigation over RoundUp products containing glyphosate and a potential link to cancer has been ongoing for many years. However, it is Bayer's position, backed by studies produced by the EPA, that glyphosate is safe for human use and does not cause cancer. At the same time, the cases decided in the consumers' favor did not arise as a result of a known link between glyphosate and cancer in humans. Instead, the courts ruled that Bayer did not sufficiently warn consumers of a potential link between the two. 

Given these facts, Bayer's residential purpose RoundUp products containing glyphosate are still being sold in stores nationwide. However, to reduce future litigation, the company announced in July of this year it plans to remove glyphosate from residential lawn and garden RoundUp products going forward. This move does not come as a result of health and safety concerns surrounding the effects of glyphosate, according to Bayer, but as a way to avoid lawsuits typically filed by consumers of RoundUp lawn and garden residential products.

In 2023, Bayer plans to replace glyphosate will be replaced by an alternative pesticide chemical, pending approval by the EPA and other state health and research organizations. Importantly, Bayer has also indicated that there will be no changes made to the professional and agricultural RoundUp product formulas that still use glyphosate.

Bayer's Five Point Plan

According to its latest updates, Bayer is currently petitioning the U.S. Supreme Court to review the Hardeman case. The pharmaceutical and life sciences giant seeks to secure a positive ruling that would effectively end other glyphosate cases levied against it. In the meantime, Bayer has set aside $4.5 billion to compensate individuals who make the case that they were affected by long-term use of RoundUp products. While Bayer has settled a majority of the RoundUp claims brought against them so far, the company announced that it will be very selective in further settlements as it awaits a review of prior cases by the U.S. Supreme Court.

For now, Bayer has indicated that the company will be discussing product labeling for their RoundUp products with the EPA to better ensure consumer knowledge surrounding their products. However, it is unclear whether Bayer intends to update their residential RoundUp product packaging to include glyphosate warning labels at this time. 

This announcement also included a plan to launch a new website dedicated to the scientific studies surrounding glyphosate and its effects on human health and the environment. This website is intended to provide an additional tool that consumers can use to make informed decisions about purchasing and using RoundUp or other products containing glyphosate.

Is There a Proven Link Between RoundUp and Cancer?

Glyphosate is a powerful pesticide that works on a variety of weeds and unwanted plants. This chemical gained widespread use by the public in the 1970s and is found in several commercial and residential RoundUp products produced by Bayer. In recent years, there have been conflicting conclusions about the risks associated with consumer use of glyphosate products.

So far there have been three major cases levied against Bayer on the premise that three individual RoundUp consumers developed non-Hodgkin's lymphoma, an aggressive type of blood cancer, after long-term exposure to the product. While the courts sided with the individual consumers in each case, there is still inconclusive scientific evidence to support the claim that glyphosate causes cancer. 

Lawsuits Over RoundUp: A Quick Review

Bayer acquired RoundUp products when it purchased Monsanto and has been dealing with lawsuits related to the product's use. So far, the court rulings contended that Bayer did not sufficiently warn residential RoundUp product users of the potential link between the glyphosate found in their products and the development of cancer. As a result, the individuals in these cases were awarded damages. 

Since then, thousands of claims have been filed against Bayer on the same grounds. Most of these subsequent lawsuits have been grouped as "multi-district litigation" (MDL) actions or civil case coordinations. To learn more about these actions, or to file a similar claim, speak with an experienced attorney.

RoundUp Litigation: Do I Have a Case?

To determine whether you have a RoundUp case, it is best to speak with an experienced attorney. An attorney can discuss the details of your claim with you, determine how best to pursue damages in court, guide you through the legal process, and make sure you file your claim within the statute of limitations that apply in your situation. While these aspects depend on the specifics of an individual case, some general criteria may also apply to RoundUp cases to produce sound claims, including:

  • Long-term use or exposure to RoundUp products that contain glyphosate
  • The development of a serious illness after use or exposure to RoundUp products, including:
    • Non-Hodgkin’s Lymphoma
    • Large Diffuse B-cell Lymphoma
    • Follicular Lymphoma
    • Chronic Lymphocytic Leukemia
    • Mantle Cell Lymphoma
    • Cutaneous T-Cell Lymphoma
  • Documentation of use or exposure to RoundUp
  • Documentation of symptoms, diagnoses, and treatments of a serious illness as listed above 
  • Filing within the appropriate state's statute of limitations

Get Your Free Roundup Case Evaluation 

While the list above is a good starting point for understanding where your RoundUp claim stands, it is not exhaustive. If you have questions or concerns with any item on this list, or considerations not listed here, you should speak with an experienced attorney to learn more. 

Get in touch with Cooney & Conway by phone at 800-322-5573, or visit our contact page to secure your free RoundUp case evaluation today.