A Legal Roundup of Glyphosate: History & Outlook

Glyphosate is one of the most-used pesticides in the United States. It is the active ingredient in Roundup, which has been used for decades to combat stubborn weeds. In recent years, glyphosate has been at the center of several high-profile lawsuits where the plaintiffs claim that exposure to glyphosate caused them to develop non-Hodgkin’s lymphoma. The lawsuits have thus far resulted in several large awards granted to plaintiffs following jury trials, a large settlement available to thousands of plaintiffs, and an emerging legal issue that may ultimately be heard by the Supreme Court.

As these lawsuits have progressed through the court system, a question has arisen regarding preemption. Preemption occurs when a higher form of government reduces the authority of a lower level of government. If a federal law and a state law conflict, then the federal law has authority and will preempt the state law. Plaintiffs in glyphosate lawsuits tend to bring state law claims to argue that the manufacturer failed to warn them of the dangers posed by use of Roundup. However, pesticide labeling is largely regulated by federal law. Bayer, the company that manufactures Roundup, claims that federal pesticide labeling laws preempt the state law claims raised by plaintiffs in such a way that would prevent the plaintiffs from bringing those claims to court. Currently, the issue is on appeal to the United States Supreme Court. A ruling on the matter could potentially alter the course of pesticide litigation.

This webinar will provide an overview of the glyphosate litigation, including a brief history of how we got here, a breakdown of where things are currently, and an in-depth look at the issue of preemption and what it could mean for pesticide lawsuits.

Register for the webinar here.