Roundup Cancer Award of $28 Million Affirmed by California Court

A $28 million damages award for a consumer who developed cancer from the weed-killer Roundup was upheld by a California state appeals court.

The California Court of Appeal, Fourth Appellate District, rejected Monsanto Co.‘s arguments that Mike Dennis’ failure to warn lawsuit was preempted by the Federal Insecticide, Fungicide, and Rodenticide Act and that the damages award violates due process.

The court found that the failure to warn tort under California law has requirements that parallel the federal law over pesticide misbranding, and provide no additional requirements that would trigger preemption.

Dennis first sued in San Diego County court, ...