Judge rejects glyphosate labeling lawsuit

The lawsuit sought class action status that would allow other Roundup buyers to join the litigation, as well as financial compensation for damages and an injunction prohibiting Monsanto from advertising that Roundup doesn’t affect people or animals.

According to the plaintiffs, glyphosate disrupts an enzyme known as EPSP synthase, which affects not only plants but also microbes, including those found in the digestive systems of people and animals.

Their complaint contended that glyphosate kills gut bacteria just as it does weeds, which harms “digestion, metabolism, and vital immune system functions” when people eat crops sprayed with the chemical.

Monsanto responded that the allegation was an “absurd misinterpretation” of its claim because the enzyme is not produced by human or animal cells and the labels make no mention of “gut bacteria.”

The company also said the plaintiff’s accusations about glyphosate’s use in commercial food production are irrelevant to consumers applying the chemical to weeds in their lawn or garden.

U.S. District Judge Dean Pregerson has agreed with Monsanto’s request to dismiss the lawsuit, ruling that its labeling claims were approved by the U.S. Environmental Protection agency and thus the complaint is pre-empted by federal regulation.

The Federal Insecticide Fungicide and Rodenticide Act, or FIFRA, aims in part to create uniformity in labeling and packaging for pesticides, so lawsuits that seek to alter such claims based on state false advertising laws are barred, Pregerson said.

T. Matthew Phillips, the attorney representing the plaintiffs, said he plans to appeal.

“The judge never determined whether the label statement is true or false,” he said. “Apparently the truth doesn’t matter to the courts nor Monsanto.”

Monsanto is pleased the judge dismissed the case, which was “baseless and without merit” because glyphosate must meet “rigorous standards” for safety by government agencies that also review the accuracy of pesticide labels, said Chandra Lord, a spokesperson for the company, in an email.

“All labeled uses of glyphosate are safe for human health and supported by one of the most extensive worldwide human health databases ever compiled on an agricultural product,” Lord said. “As consumers ourselves, safety is a priority for every person who works at Monsanto.”