Jones et al v. Monsanto et al

February 13, 2019
Provisional judgment
United States, Western District of Missouri (Kansas City)

Lisa Jones, Horacio Torres Bonilla, Kristoffer Yee
Monsanto, Scotts Miracle-Gro
Bryce B. Bell, Mark W. Schmitz, Kim E. Richman, Clark A. Binkley, Michael L. Baum, R. Brent Wisner, Robert F. Kennedy Jr., Mary C. Turke, Samuel J. Strauss, Michael J. Gabrielli, Aimee H. Wagstaff, Nancy G. Miller, Robin L. Greenwald

Civil court
Class action, Stipulated Settlement Agreement
Herbicide, Glyphosate, Roundup
Unspecified monetary damages and class action status.
District Court of Western District of Missouri (Kansas City), United States

May 13, 2021
The Motion for Final Approval of Class Settlement is GRANTED. The Class is finally CERTIFIED, and this Court finally APPROVES the Updated Settlement and Plaintiffs’ requested attorneys’ fees award, expenses, and class representative awards. It is further ORDERED that the Parties and the Claims Administrator shall implement the Updated Settlement in accordance with its terms.

The lawsuit claims that labels on products such as Roundup’s Weed & Grass Killer falsely assured consumers that they target an enzyme not found “in people or pets.” However Roundup’s active ingredient glyphosate attacks an enzyme also found in the beneficial intestinal bacteria of humans and some animals. On March 12, 2020, plaintiffs filed a Consent Motion seeking preliminary approval of a class action settlement. The Court communicated some concerns to the parties, and, in response, the parties revised the settlement to provide: 1. Greater clarity with respect to the fact that personal injury claims were not released, 2. Specification of the amount of the incentive awards for the named Plaintiffs, 3. Specification of the cy pres recipients, and 4. Extensions to the deadlines for class members to submit claims and to opt out. On May 14, 2020, the Court preliminarily approved the settlement. A settlement fund of $39.55 million was created, and class members would receive 10% of the average retail price for each product (with a cap of one purchase per year if proof of purchase was lacking). Between May and September 2020, the parties employed additional notice measures not required by the Original Settlement. On Feb. 25, 2021 plaintiffs filed a consent motion for final approval of the settlement. On May 13, 2021, the Motion for Final Approval of Class Settlement is granted. The proposed class action Settlement will provide the Class with $39,550,000 of monetary relief to pay all aspects of the Settlement, including Class Members' claims, notice costs, administration costs, service awards of up to $2,500 to named plaintiffs, legal expenses, and attorneys' fees. On June 9, 2021, one objecting class member, Anna St. John, appeals to the US Court of Appeals for the 8th Circuit from the Order Granting Motion for Final Approval of Class Settlement and Award of Attorneys’ Fees.