Johnson V. Monsanto Co.
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Johnson v. Monsanto Co. was the first lawsuit to proceed to trial over
Monsanto The Monsanto Company () was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri. Monsanto's best known product is Roundup, a glyphosate-based herbicide, developed in th ...
's
Roundup A roundup is a systematic gathering together of people or things. Roundup, Round Up or Round-up may also refer to: Agriculture * A muster (livestock) (AU/NZ) or a roundup (US/CA) is the process of gathering livestock. * Roundup (herbicide), a M ...
herbicide product causing cancer. The lawsuit alleged that the exposure of
glyphosate Glyphosate (IUPAC name: ''N''-(phosphonomethyl)glycine) is a broad-spectrum Herbicide, systemic herbicide and Crop desiccation, crop desiccant. It is an organophosphorus compound, specifically a phosphonate, which acts by inhibiting the plan ...
, an active ingredient in the
Roundup A roundup is a systematic gathering together of people or things. Roundup, Round Up or Round-up may also refer to: Agriculture * A muster (livestock) (AU/NZ) or a roundup (US/CA) is the process of gathering livestock. * Roundup (herbicide), a M ...
product, caused Dewayne "Lee" Johnson's
non-Hodgkin lymphoma Non-Hodgkin lymphoma (NHL), also known as non-Hodgkin's lymphoma, is a group of blood cancers that includes all types of lymphomas except Hodgkin lymphomas. Symptoms include enlarged lymph nodes, fever, night sweats, weight loss, and tiredness. ...
. In a landmark verdict, Monsanto was ordered by a San Francisco jury to pay $289m in
punitive Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular acti ...
damages and
compensatory damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
. Monsanto, and after June 2018
Bayer Bayer AG (, commonly pronounced ; ) is a German multinational corporation, multinational pharmaceutical and biotechnology company and one of the largest pharmaceutical companies in the world. Headquartered in Leverkusen, Bayer's areas of busi ...
, appealed the verdict several times, but lost. The award was cut to $78 million, then reduced to $21 million after appeal.


Background

Dewayne “Lee” Johnson, the plaintiff in this case, sprayed hundreds of gallons of RoundUp over the course of his career as a school groundskeeper in
Benicia, California Benicia ( , ) is a waterside city in Solano County, California, located in the North Bay region of the San Francisco Bay Area. It served as the capital of California for nearly thirteen months from 1853 to 1854. The population was 26,997 at the ...
. On one occasion, one of the sprayers he was using broke and he was drenched in RoundUp. In 2014 at age 42, Johnson was diagnosed with non-Hodgkin lymphoma, which he alleged at trial was caused by the pesticide exposure. In 2017, he was given a terminal diagnosis and was told that he would only live another 6 months. Due to this diagnosis, his trial was expedited.


Cancer risk assessments of glyphosate

There is limited evidence that human cancer risk might increase as a result of occupational exposure to large amounts of glyphosate, such as agricultural work, but no good evidence of such a risk from home use, such as in domestic gardening. The consensus among national pesticide regulatory agencies and scientific organizations is that labeled uses of glyphosate have demonstrated no evidence of human
carcinogen A carcinogen is any substance, radionuclide, or radiation that promotes carcinogenesis (the formation of cancer). This may be due to the ability to damage the genome or to the disruption of cellular metabolic processes. Several radioactive substan ...
icity. Organizations such as the Joint
FAO The Food and Agriculture Organization of the United Nations (FAO)french: link=no, Organisation des Nations unies pour l'alimentation et l'agriculture; it, Organizzazione delle Nazioni Unite per l'Alimentazione e l'Agricoltura is an intern ...
/
WHO Who or WHO may refer to: * Who (pronoun), an interrogative or relative pronoun * Who?, one of the Five Ws in journalism * World Health Organization Arts and entertainment Fictional characters * Who, a creature in the Dr. Seuss book ''Horton Hear ...
Meeting on Pesticide Residues and the
European Commission The European Commission (EC) is the executive of the European Union (EU). It operates as a cabinet government, with 27 members of the Commission (informally known as "Commissioners") headed by a President. It includes an administrative body o ...
, Canadian
Pest Management Regulatory Agency The Pest Management Regulatory Agency (PMRA) is the Canadian government agency responsible for the regulation of pest control products in Canada under the federal authority of the '' Pest Control Products Act'' and Regulations. The agency is a bra ...
, and the German
Federal Institute for Risk Assessment The German Federal Institute for Risk Assessment (German: ''Bundesinstitut für Risikobewertung''), abbreviated BfR, is a body under public law of the German federal government with full legal capacity. The institute comes under the portfolio ...
have concluded that there is no evidence that glyphosate poses a carcinogenic or
genotoxic Genotoxicity is the property of chemical agents that damage the genetic information within a cell causing mutations, which may lead to cancer. While genotoxicity is often confused with Mutagen, mutagenicity, all mutagens are genotoxic, but some geno ...
risk to humans. The final assessment of the
Australian Pesticides and Veterinary Medicines Authority The Australian Pesticides and Veterinary Medicines Authority (APVMA) is the Australian Government statutory agency responsible for the management and regulation of all agricultural and veterinary chemical products in Australia. History The APVMA ...
in 2017 was that "glyphosate does not pose a carcinogenic risk to humans". The EPA has evaluated the carcinogenic potential of glyphosate multiple times since 1986. In 1986, glyphosate was initially classified as Group C: "Possible Human Carcinogen", but later recommended as Group D: "Not Classifiable as to Human Carcinogenicity" due to lack of
statistical significance In statistical hypothesis testing, a result has statistical significance when it is very unlikely to have occurred given the null hypothesis (simply by chance alone). More precisely, a study's defined significance level, denoted by \alpha, is the p ...
in previously examined rat tumor studies. In 1991, it was classified as Group E: "Evidence of Non-Carcinogenicity for Humans", and in 2015 and 2017, "Not Likely to be Carcinogenic to Humans".


Timeline


See also

*
Monsanto legal cases Monsanto was involved in several high-profile lawsuits, as both plaintiff and defendant. It had been defendant in a number of lawsuits over health and environmental issues related to its products. Monsanto also made frequent use of the courts to de ...
*''
Into the Weeds ''Into the Weeds'' is a Canadian documentary film, directed by Jennifer Baichwal and released in 2022.
'' – 2022 documentary film


References

2018 in United States case law {{US-case-law-stub