Cross-Appeal Of Monsanto Trial To be Heard In June

Cross-Appeal Of Monsanto Trial To be Heard In June

Introduction

A California appeals court has slated to hear oral arguments for cross-appeals in the first week of June, over a $289 million Roundup verdict, resulting from the first-ever trial claiming that the herbicide causes cancer.

According to the oral argument notice issued by the court, the case involves a former school groundskeeper who sued Monsanto, alleging that its glyphosate-based herbicide resulted in developing non-Hodgkin’s lymphoma.

In August 2018, a unanimous jury awarded $289 million to the plaintiff, including $250 million in punitive damages, after finding Monsanto’s glyphosate-based herbicide liable for his cancer.

The total verdict was lowered to $78 million by the trial judge, which was appealed by Monsanto. The plaintiff cross-appealed to reinstate the $289 million verdict.

The appellate court, while preparing for oral arguments on the appeal, rejected an application by the California Attorney General to file an amicus brief on the plaintiff’s side.

Initially, the users used Roundup as a non-selective herbicide just like paraquat and diquat. People attempted to use glyphosate-based herbicides to row crops, but crop damage problems restricted its use. In 1996 commercial introduction of a glyphosate-resistant soybean resulted in increased use of Roundup throughout the United States. Monsanto's "Roundup Ready" became the best-selling product of the company following the advertisement and the sales increased by around 20% per year between 1990 and 1996.

In 1996, the introduction of a glyphosate-resistant soybean resulted in the growing use of Roundup throughout the United States. Sales of Roundup increased around 20% per year between 1990 and 1996. The product was used in over 160 countries by 2015. It was mostly used on corn, soy, and cotton crops that are genetically designed to resist the chemical. But as of 2012, crops like almond, peach, cantaloupe, onion, cherry, sweet corn, and citrus have been treated by the glyphosate in approximately 5 million acres of California.

Monsanto was accused of false and misleading advertising of glyphosate products in 1996, resulting in a lawsuit by the New York State attorney general. The company claimed that the spray-on glyphosate-based herbicides were non-toxic, safer than table salt, environment friendly, and biodegradable. Later, Monsanto removed the misleading advertisement to settle the case and avoid higher penalties. Some contractors faked the tests conducted on glyphosate along with other pesticides. Craven Laboratories in 1991 and Industrial Bio-Test Laboratories in 1970 conducted toxicology tests by fraudulently analyzing samples for residues of glyphosate. Monsanto has even admitted that the studies have since been repeated.

Last week, the United States Court of Appeal First Appellate District slated the hearing for June 2. The hearing will take place nearly after two years since the initial trial and also since Bayer AG bought Monsanto.