January 28, 2021 — Pamela Smith v. Monsanto Company — A Nebraska woman has sued Monsanto Co. in Oklahoma federal court on January 27, 2021, alleging that it caused her husband’s death from cancer as a result of manufacturing the herbicide Roundup, which contains the active ingredient glyphosate. She is arguing that it has known for decades that it falsely advertises the safety of Roundup. Smith is asserting claims for design defect, strict liability for failure to warn, negligence, breach of express warranty, breach of implied warranties, and loss of consortium.
Smith is further asserting that the U.S. Environmental Protection Agency (EPA) initially classified glyphosate as possibly carcinogenic to humans in 1985. But, then it allegedly succumbed to urging from Monsanto to change the classification to “evidence of non-carcinogenicity in humans” in 1991. Additionally, Smith is alleging that the EPA found that the labs which Monsanto hired to test Roundup’s toxicity for registration purposes committed fraud.
Smith asserts that neither she nor her husband had a reasonable way of knowing about the risk of serious illness associated with the use of, or exposure to, Roundup until the International Agency for Research on Cancer made a formal assessment of glyphosate in 2015. Monsanto, however, was under a continuous duty to disclose to consumers, users, and other persons coming into contact with its products, including her husband, accurate safety information concerning its products and the risks associated with the use of and/or exposure to Roundup and glyphosate.
She accuses Monsanto of knowingly, affirmatively, and actively concealing safety information concerning Roundup and glyphosate and the risks associated with the use of and/or exposure to its products. She claims that as a proximate result of Monsanto’s wrongful acts and omissions in placing its defective Roundup products into the stream of commerce without adequate warnings of the hazardous and carcinogenic nature of glyphosate, and in breach of its warranties, negligence, and strict liability, she and her husband suffered injuries.
Reference: Lexis Legal News, “Widow Sues Monsanto For Husband’s Cancer, Death From Exposure To Glyphosate”, 28 Jan 2021, https://www.lexislegalnews.com/articles/58689/widow-sues-monsanto-for-husband-s-cancer-death-from-exposure-to-glyphosate
