The product liability debate surrounding Roundup — the world’s most widely used herbicide — shows no signs of ending. At the center of this debate is a fundamental question: did Monsanto (now Bayer AG) knowingly sell a product that causes cancer while failing to warn consumers of the risk? The answer, according to multiple juries, scientific organizations, and internal company documents, is yes. Yet Bayer continues to contest this conclusion, creating an ongoing legal and scientific battle with enormous implications for consumers, the agricultural industry, and product liability law.
The Roundup litigation represents one of the largest mass tort proceedings in history, with more than 160,000 claims filed and over $10 billion paid in settlements. For New Mexico residents who have used Roundup and been diagnosed with cancer, the continuing debate underscores the importance of understanding your legal rights and acting within the applicable deadlines.
The Scientific Debate
Evidence Supporting a Cancer Link
- IARC Classification (2015) — The World Health Organization’s International Agency for Research on Cancer classified glyphosate as “probably carcinogenic to humans” (Group 2A)
- Epidemiological studies — Multiple studies have found associations between glyphosate exposure and non-Hodgkin lymphoma, with a 2019 meta-analysis finding a 41% increased risk among high-exposure individuals
- Animal studies — Laboratory studies have demonstrated carcinogenic effects of glyphosate in rodents
- Mechanistic evidence — Research has shown that glyphosate can cause DNA damage, oxidative stress, and other biological changes associated with cancer development
Bayer’s Position
Bayer maintains that glyphosate is safe and points to regulatory assessments by the U.S. EPA, the European Food Safety Authority (EFSA), and other agencies that have concluded glyphosate is not likely to be carcinogenic. However, critics have noted that some of these assessments relied heavily on industry-funded studies and did not consider the full body of independent research.
The Monsanto Papers
Internal Monsanto documents obtained during litigation have been central to the debate. These documents revealed that Monsanto ghostwrote scientific papers, worked to discredit IARC and independent scientists, and had internal discussions acknowledging potential cancer risks. These revelations have significantly undermined Bayer’s defense in court.
The Legal Debate
Federal Preemption
One of the most significant legal questions in the Roundup litigation is whether federal pesticide labeling law (FIFRA — the Federal Insecticide, Fungicide, and Rodenticide Act) preempts state-law failure-to-warn claims. Bayer has argued that because the EPA has not required a cancer warning on Roundup labels, state courts cannot impose liability for the absence of such a warning. This argument has been rejected by several courts but remains a key issue that could reach the U.S. Supreme Court.
Causation Standards
Courts have grappled with the standard for proving that glyphosate caused a specific plaintiff’s cancer. The Daubert standard, which governs the admissibility of expert testimony in federal courts, has been a battleground — with Bayer challenging the reliability of plaintiffs’ expert witnesses and plaintiffs defending the scientific basis of their causation opinions.
Product Liability Law in New Mexico
New Mexico’s product liability laws provide strong protections for consumers:
- Strict liability — Manufacturers are liable for injuries caused by defective products regardless of fault
- Failure to warn — Products lacking adequate warnings about known risks are considered defective
- Pure comparative negligence (NMSA § 41-3A-1) — Recovery is reduced by your percentage of fault but never barred
- Statute of limitations — Three years from discovery of injury (N.M. Stat. § 37-1-8)
Who Can File a Claim?
You may have a viable Roundup claim if you regularly used Roundup or other glyphosate-based herbicides and were diagnosed with non-Hodgkin lymphoma, chronic lymphocytic leukemia, B-cell lymphoma, or other lymphatic cancers. High-risk groups include agricultural workers, landscapers, groundskeepers, and homeowners who regularly applied the product.
Compensation Available
- Medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages
- Wrongful death damages
Frequently Asked Questions
Is the Roundup debate settled?
No. While juries have consistently found in favor of plaintiffs, Bayer continues to appeal verdicts and pursue legal strategies to limit future liability. The scientific and legal debate continues, but the weight of evidence — including IARC’s classification and the Monsanto Papers — strongly supports the link between Roundup and cancer.
Should I stop using Roundup?
Given the evidence linking glyphosate to cancer, many health advocates recommend using alternative weed control methods. If you choose to use Roundup, take precautions to minimize exposure, including wearing protective clothing and avoiding inhalation of spray.
Can I still file a lawsuit?
Yes. New lawsuits continue to be filed. The statute of limitations begins when you are diagnosed or learn of the connection between your cancer and Roundup. Consult an attorney to evaluate your specific situation.
What if Bayer wins its Supreme Court appeal?
If the Supreme Court rules that federal law preempts state failure-to-warn claims, it could significantly impact pending and future Roundup cases. However, other legal theories — such as design defect and negligence — may still be available. The legal landscape is evolving, and an experienced attorney can advise you on the current state of the law.
Contact Dominguez Law for a Free Consultation
If you or a loved one has been diagnosed with cancer after using Roundup, do not let the ongoing debate discourage you from seeking justice. At Dominguez Law, we have the experience and resources to pursue your claim aggressively.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
