Roundup, the world’s most widely used herbicide, has been at the center of one of the largest product liability controversies in modern history. Manufactured by Monsanto (now owned by Bayer AG), Roundup’s active ingredient — glyphosate — has been linked to non-Hodgkin lymphoma and other cancers by multiple scientific studies and international health organizations. For New Mexico residents who have used Roundup and been diagnosed with cancer, understanding product liability law and your legal options is critically important.
Since 2018, Bayer has faced more than 100,000 lawsuits alleging that Roundup caused cancer in users who were never adequately warned of the risks. Juries have returned multi-billion-dollar verdicts against the company, and Bayer has paid over $10 billion in settlements. Despite these outcomes, Roundup remains on the market, and new cases continue to be filed.
The Science Behind Roundup and Cancer
The debate over glyphosate’s carcinogenicity has been contentious, but the evidence supporting a link to cancer has grown substantially:
- International Agency for Research on Cancer (IARC) — In 2015, the World Health Organization’s IARC classified glyphosate as “probably carcinogenic to humans” (Group 2A), based on evidence of increased cancer risk in humans and sufficient evidence of carcinogenicity in animal studies.
- Agricultural Health Study — This large-scale study of pesticide applicators found associations between glyphosate exposure and increased risk of acute myeloid leukemia.
- Meta-analyses — A 2019 meta-analysis published in Mutation Research found that high exposure to glyphosate-based herbicides increased the risk of non-Hodgkin lymphoma by 41%.
Internal Monsanto documents revealed during litigation — often referred to as the “Monsanto Papers” — showed that the company was aware of potential cancer risks, influenced scientific research to downplay those risks, and worked to discredit independent scientists who raised concerns.
Understanding Product Liability Law in New Mexico
Product liability law holds manufacturers, distributors, and sellers responsible when their products cause harm to consumers. In New Mexico, product liability claims can be based on several legal theories:
Strict Liability
Under New Mexico’s strict liability doctrine, a manufacturer can be held liable for injuries caused by a defective product regardless of whether the manufacturer was negligent. The plaintiff must show that the product was defective, the defect existed when it left the manufacturer’s control, and the defect caused the plaintiff’s injuries. New Mexico follows the Restatement (Second) of Torts § 402A framework for strict product liability.
Failure to Warn
A product may be considered defective if it lacks adequate warnings about known or foreseeable risks. In the Roundup litigation, plaintiffs have argued that Monsanto/Bayer failed to include cancer warnings on Roundup labels despite having knowledge of the potential risk. Under New Mexico law, manufacturers have a duty to warn consumers of dangers that are known or reasonably foreseeable.
Design Defect
A design defect claim alleges that the product’s design is inherently dangerous, even when manufactured correctly. Some Roundup plaintiffs have argued that the formulation of Roundup — which combines glyphosate with surfactants that may increase its toxicity — constitutes a design defect.
Negligence
In addition to strict liability, plaintiffs can pursue negligence claims alleging that Monsanto/Bayer failed to exercise reasonable care in testing, manufacturing, or marketing Roundup.
Key Roundup Verdicts and Settlements
Several landmark cases have shaped the Roundup litigation landscape:
- Johnson v. Monsanto (2018) — A California jury awarded $289 million (later reduced to $78.5 million) to a school groundskeeper who developed non-Hodgkin lymphoma after years of Roundup use.
- Hardeman v. Monsanto (2019) — A federal jury awarded $80 million to a homeowner who used Roundup for decades.
- Pilliod v. Monsanto (2019) — A California jury awarded over $2 billion (later reduced to $86.7 million) to a couple who both developed non-Hodgkin lymphoma.
In 2020, Bayer announced a $10.9 billion settlement to resolve approximately 100,000 pending Roundup claims. However, the settlement did not cover all cases, and new lawsuits continue to be filed as additional users are diagnosed with cancer.
Who May Be Eligible to File a Roundup Claim?
You may have a viable Roundup product liability claim if:
- You used Roundup or other glyphosate-based herbicides regularly (occupationally or residentially)
- You were diagnosed with non-Hodgkin lymphoma, chronic lymphocytic leukemia, B-cell lymphoma, or other lymphatic cancers
- Your cancer diagnosis came after a period of Roundup exposure
Individuals at highest risk include agricultural workers, landscapers, groundskeepers, nursery workers, and homeowners who regularly applied Roundup to their properties.
Filing a Roundup Claim in New Mexico
New Mexico’s statute of limitations for personal injury claims is three years from the date the injury was discovered or should have been discovered (N.M. Stat. § 37-1-8). For product liability claims involving latent diseases like cancer, the “discovery rule” may apply, meaning the clock starts when the plaintiff knew or should have known that their cancer was linked to Roundup exposure.
New Mexico follows a pure comparative negligence standard (NMSA § 41-3A-1), so your recovery will not be barred even if you are found partially at fault — though it will be reduced proportionally.
Compensation Available in Roundup Cases
Victims of Roundup-related cancer may be entitled to:
- Past and future medical expenses (chemotherapy, radiation, surgery, medications)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages if the cancer was fatal
- Punitive damages in cases involving particularly egregious corporate conduct
Frequently Asked Questions
Is Roundup still being sold?
Yes. Despite the litigation and IARC’s classification, Roundup remains available for purchase in the United States. Bayer announced in 2021 that it would remove glyphosate from residential Roundup products by 2023, but professional and agricultural formulations continue to contain glyphosate.
How long does a Roundup lawsuit take?
The timeline varies depending on whether the case is resolved through settlement or goes to trial. Individual cases may take one to three years. Cases consolidated in multidistrict litigation (MDL) may follow a different timeline based on bellwether trial outcomes and global settlement negotiations.
What if I used Roundup years ago?
You may still have a claim. Non-Hodgkin lymphoma and other cancers linked to glyphosate can develop years or even decades after exposure. The statute of limitations typically begins when you are diagnosed or when you learn of the connection between your cancer and Roundup.
Do I need to prove exactly how much Roundup I used?
While documenting your exposure history strengthens your case, you do not need to prove the exact quantity used. Evidence of regular, repeated use over a period of time — supported by testimony, purchase records, employment history, or other documentation — is typically sufficient.
Contact Dominguez Law for a Free Consultation
If you or a loved one used Roundup and has been diagnosed with non-Hodgkin lymphoma or another cancer, you may be entitled to significant compensation. At Dominguez Law, we have the experience and resources to take on large corporations and fight for the justice our clients deserve.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
