A Philadelphia jury recently handed Monsanto a victory in the seventh Roundup trial in the city’s mass tort litigation. After a two-week trial and six hours of deliberation, 11 of 12 jurors found in favor of Monsanto, absolving the company of liability. This marks the third defense verdict for Monsanto in Philadelphia, in a series where plaintiffs have also won four trials, securing hundreds of millions in damages.
The case, brought by plaintiff Judith Womack, centered on allegations that her use of Roundup since 2015 caused her to develop non-Hodgkin lymphoma. However, the residential nature of her usage and limited exposure made the case harder to win compared to others in the Roundup litigation.
In August 2024, Monsanto achieved a major legal milestone when the Third Circuit Court ruled that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempted state-level failure-to-warn claims. This ruling contrasts with decisions from other courts, which found that such state claims were not preempted.
Monsanto has announced plans to take the preemption issue to the U.S. Supreme Court, with a petition expected to be filed by 2025. If the Court grants review, a decision could come during the 2025-2026 session.
However, even a favorable Supreme Court ruling may not end the litigation entirely. Other claims, such as those related to design defects, could still be pursued by plaintiffs and decided at trial.
What’s Next?
While Monsanto continues to secure victories, challenges remain, and the end of this massive litigation may still be years away. The Supreme Court’s decision will be critical, but the path forward for both sides remains complex.
Stay tuned for updates as this litigation develops.
