Judge Upholds Landmark Monsanto Verdict, But Slashes Punitive Damages by $211 Million

While Monsanto maintains that its herbicides “are safe when used as directed,” the state of California and the International Agency for Research on Cancer (IARC)—a branch of the World Health Organization (WHO)—have classified glyphosate, RoundUp's active ingredient, as a probable human carcinogen. Despite that designation, U.S. and European regulators still allow farmers to use the world's most common herbicide.

“The evidence presented to this jury was, quite frankly, overwhelming. And, as we saw in recent days, this jury was intelligent, diligent, and followed the letter of the law. We are happy the jury's voice was acknowledged by the Court, even if slightly muted,” Johnson's team added. “We are still reviewing whether we will accept the proposed remittitur or retry the punitive damages. That said, today is a triumph for our legal system.”

Bayer, meanwhile, said in a statement that the judge's ruling was “a step in the right direction, but we continue to believe that the liability verdict and damage awards are not supported by the evidence at trial or the law and plan to file an appeal with the California Court of Appeal.”

No matter the ultimate outcome, Johnson's case was the first to go to trial and opened the door for other cancer patients seeking to hold Monsanto accountable. In July, even before the initial verdict, a federal judge ruled that hundreds of similar cases could proceed to trial. According to U.S. Right to Know, some 8,000 plaintiffs have alleged in state court that the company's products have made them sick.

“I hope [Monsanto] gets the message that people in America and across the world are not ignorant. They have already done their own research,” Johnson told the Guardian late last month. “I'm hoping that it snowballs and people really get the picture and they start to make decisions about what they eat, what they spray in their farms.”