He said that if 0.1% of class members were confused by the class notice, the settlement “would have to be rejected for that reason alone.”Ĭonsumer attorney Gillian Wade, whose Los Angeles firm Milstein Jackson represents the purchaser class, assured Chhabria that the settlement preserves members’ future rights to sue if they have cancer or develop cancer in the future from using Roundup. “If we're going to approve a settlement like this we'd better make darn sure that the settlement process is not going to confuse anybody into believing they have given up their rights to sue Monsanto if they develop non-Hodgkin lymphoma,” he said. Of course the people who do benefit significantly are the plaintiffs’ lawyers who would presumably stand to cover a significant fee award.”īut he was really concerned about that the class notice is confusingly vague about consumers’ rights. It’s like Monsanto taking a penny out of its pocket to get rid of what is essentially a nuisance lawsuit. “If you look at it from the standpoint of deterrence, sort of remedying the alleged wrongdoing that Monsanto committed by not warning people about the product, there’s no real value to the settlement from that standpoint. District Judge Vince Chhabria said he doesn’t believe the settlement confers much of a benefit to consumers. Proof of purchase would allow consumers to claim unlimited bottles.īut at a preliminary approval hearing held Thursday over Zoom, U.S. Under the nationwide settlement, Bayer would compensate class members for up to 20% of the average retail price of up to 11 Roundup products, paying anywhere between $0.50 and $33.00 per bottle depending on the size of the product, without receipts. Last year, the Bayer-owned agrochemical company agreed to pay between $23 million and $45 million to resolve claims that purchasers, led by plaintiff Scott Gilmore, overpaid for Roundup because it lacked a cancer warning label. SAN FRANCISCO (CN) - A federal judge told lawyers looking to settle labeling claims with Roundup maker Monsanto that their class notice should “scream from the mountaintops” that consumers looking to participate won’t have to give up their right to sue if they later develop cancer.
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