Roundup™ Class Final Approval Hearing
On September 14th the Missouri Circuit Court overseeing the Monsanto Roundup™ class settlement held a hearing, after which the Court will determine whether to grant final approval of the settlement plan. The Court’s final approval decision is expected to come at a later time and not in conjunction with the hearing.
As we previously announced in February, the class settlement, combined with the Supreme Court’s favorable Durnell decision, are independently necessary and mutually reinforcing components of the company’s strategy to significantly contain the Roundup™ litigation. The class is designed to resolve the vast majority of present and potential future NHL claims related to Roundup™ exposure before February 17, 2026, regardless of the legal theory on which they are based. The expansive and robust Durnell ruling should preempt all present and future claims based on state failure-to-warn theories, even if they are named something else, as plaintiffs have failed to produce evidence sufficient to prove claims beyond those grounded in now-preempted warning theories.
The final approval hearing provided the court with an opportunity to hear arguments from Monsanto, class counsel and objectors about the fairness of the settlement before it makes its final decision. In large settlements like this one, courts take this decision under advisement following the hearing and subsequently issue a written opinion. A court overseeing a class settlement may also request technical changes to details of the settlement before granting final approval. Both of these potential outcomes are standard practice and should not raise any concerns about the fairness of the class settlement if they occur.
About the Class Settlement
The proposed class settlement is designed to treat all parties fairly – Monsanto and class members alike. It follows a model already approved by courts in other large-scale cases, and is structured as a long-term claims program, with funding for up to 21 years, that covers both present and potential future subclasses of plaintiffs who allege exposure to Roundup™ prior to February 17th, 2026, and:
- have a medical diagnosis of NHL now; or
- receive a medical diagnosis of NHL before the end of a 16-year period following final approval of the agreement.
Monsanto and class counsel previously filed a joint motion for final approval of the class settlement which argues that it satisfies the requirements for class certification, is fair, reasonable, and adequate, and the notice met all legal requirements. Missouri Circuit Court Judge Boyer granted preliminary approval for the class settlement on March 4th and the period for notice, opt-outs and objections expired on June 4th.
The process for evaluating opt-outs is continuing and we do not expect the number of opt-outs to be completed and confirmed until the court issues its final approval decision for the class settlement. Opt-outs remain revokable until final approval.
To fund the class, Monsanto will make declining capped annual payments for up to 21 years totaling up to 7.25 billion U.S. dollars, following court approval. The long-term payment stream will provide the company with both greater certainty and control regarding its litigation costs for current claims and potential future claimants.
Leading regulators worldwide, including the U.S. EPA and EU regulatory bodies, continue to conclude based on an extensive body of science that glyphosate-based herbicides – critical tools that farmers rely on to produce affordable food and feed the world – can be used safely and are not carcinogenic.