A Household Weed Killer Is Destroying Lives

As early as 1985, scientists have sounded alarm bells about the potential dangers of being exposed to Roundup and other weed killers that contain its main active ingredient, glyphosate. Now, after almost 50 years of manufacturing and sales that elevated Roundup to become the most popular pesticide in human history, Bayer has announced it will remove glyphosate from residential products beginning in 2023.

But does this move come too late for the company, which has faced nearly 125,000 lawsuits as a result of Roundup? More importantly, is too late for the thousands of Americans who have potentially suffered from exposure?

If you’ve been exposed and diagnosed, or know someone who has, get the facts here and consider contacting an attorney.

The Cancer Question

That initial 1985 study by the Environmental Protection Agency (EPA) concluded that glyphosate-based weed killers were “category C oncogenes.” Meaning, they are indoor or outdoor non-food products that could cause cancer in humans.

Just a few years later, the EPA reversed course. In a laboratory setting, mice exposed to glyphosate developed cancerous tumors. Still, the organization found these reactions too insignificant to say for certain that the chemical would cause cancer in humans.

The question of Roundup’s link to cancer did not surface again until 2015 when the WHO’s International Agency for Research on Cancer (IARC) released their own findings. It classified glyphosate, Roundup’s main ingredient, as “probably carcinogenic in humans” based on various human, animal and in vitro studies. Specifically, exposure to glyphosate was linked to an increased risk of non-Hodgkin’s lymphoma (NHL), a type of cancer that affects the lymphatic system.

The Environmental Protection Agency (EPA) and Federal Drug Administration (FDA) maintained that Roundup was safe for human use. And still, manufacturers refused to change the product’s ingredients or put warning labels on the packaging.

Shortly after the WHO’s revelations, the lawsuits began. First, with a 2016 trial in California brought forth by a school groundskeeper who developed aggressive non-Hodgkin’s in 2014. His trial was fast-tracked because doctors believed he did not have much time left to live. A jury awarded the man $39.25 million in compensatory and $250 million in punitive damages (punitive damages later reduced to $39.25 million). Monsanto eventually appealed the award down to just over $20 million.

In 2019, a California jury delivered a $86.7 million verdict to a couple who claimed Roundup caused their non-Hodgkin’s lymphoma, though a court reduced the final amount. In that same year, a California man was awarded $80 million in a trial verdict.

One of the most significant outcomes was a $10 billion settlement in 2020, which Bayer paid to end tens of thousands of lawsuits. A portion of that amount was set aside to cover future lawsuits.

Household Weed Killer Formula Will Change by 2023

The vast majority of the approximately 125,000 lawsuits brought against Roundup makers stem from residential use. So, perhaps it is not so surprising that Bayer has announced its decision to remove glyphosate from weed killers used in the home.

The sale of professional-grade glyphosate products, used by farmers and commercial users, will continue.

This decision may prevent future harm done to consumers and mitigate financial fallout for Bayer later. However, the company and consumers still have a 50-year history of use and exposure to contend with.

In 2019, researchers at U.C. Berkley, the Mountain Sinai School of Medicine and the University of Washington linked glyphosate exposure to a staggering 40% increased risk of NHL, especially when exposed as a teen or young adult. Bayer has settled nearly 96,000 Roundup cancer cases so far, but attorneys continue to file suits on behalf of people exposed and injured. More will undoubtedly come forward after realizing there may be a link between their cancer and Roundup, and still more have yet to be develop the injuries from past exposure.

In 2021, Bayer proposed a $2 billion plan to settle all future litigation around Roundup and its link to cancer. The plan would have halted all NHL-related Roundup lawsuits for four years. Instead of seeking damages, plaintiffs would be eligible for free medical exams and compensation up to $200,000. The bid was rejected by a U.S. District judge.

Bayer’s next hurdle may come at the U.S. Supreme Court. The Court has asked for the Biden administration’s opinion on whether it should hear a landmark product liability case against Bayer, in which a California man, Edwin Hardeman, alleges his use of Roundup from the 1980s all the way to 2012 resulted in his NHL diagnosis.

Hardeman won at trial, which was upheld by a U.S. Court of Appeals. Bayer then filed a petition for the U.S. Supreme Court to reverse the decision.

After losing three appeals against verdicts ruling in favor of plaintiffs, combined with its nearly 30,000 remaining lawsuits, Bayer has a steep legal hill to climb. And importantly, there may remain untold numbers of consumers whose cancer diagnosis and suffering came as a result of Roundup exposure.

For these reasons, the manufacturer’s decision to alter its weed killer formula may be five decades too late.