A proposed class of consumers who bought Monsanto’s weedkiller Roundup asked a California federal judge to sign off on a settlement of up to $45 million to end their claims that they lost money buying the weedkiller, which has been accused of causing cancer.
The consumers said that the proposed settlement establishes a fund between $23 million and $45 million that will reimburse them for about 20% of the average price they paid for Roundup products. The settlement does not cover personal injury or medical monitoring claims, according to the motion. It also does not apply to purchases of Roundup used for agricultural or professional purposes.
The consumers claim that Monsanto and its parent company, Bayer AG, failed to warn of the risks of cancer associated with the active ingredient in Roundup and if not for that omission, they would have paid less for the weedkiller.
While an exact number of the members of the proposed class is not known, the parties estimate that millions bought Roundup products, which satisfies the numerosity requirement for class action settlements.
The class alleges that they were all harmed in the same way and by the same conduct and therefore there are sufficient factual and legal questions to support a settlement.
Since most consumers likely won’t have receipts, class members will not be required to submit proof of purchase for one Roundup product for each year of the class period, except for the largest and most expensive products.If they do have receipts, they can submit claims for an unlimited amount of purchases.
Depending on what Roundup product they bought, consumers can recoup anywhere between 50 cents to $33 for each unit they bought.
LAW360: https://www.law360.com/articles/1457599/roundup-buyers-seek-up-to-45m-economic-loss-settlement