Why Is Roundup Still Being Sold? What It Means for Your Case With Walch Law
If you or a loved one has been diagnosed with Non-Hodgkin’s Lymphoma after years of using Roundup, seeing it still on the shelves at your local hardware store can be confusing and deeply frustrating. You hear about billion-dollar lawsuits and massive verdicts, yet the product remains available for purchase. This naturally leads to a critical question: If Roundup is so dangerous, why hasn’t it been banned?
The answer is a complex mix of regulatory processes, differing scientific opinions, and corporate strategy. For victims suffering from cancer, it is essential to understand that the continued sale of Roundup does not invalidate your legal rights. At Walch Law, we believe in providing clear answers to tough questions. This guide explains why Roundup is still sold and, most importantly, what it means for your potential legal claim.
Key Reasons Roundup Remains on the Shelves
The presence of Roundup in stores is not a sign of its safety. Rather, it is the result of several overlapping legal, regulatory, and business factors.
- Federal Regulatory Approvals: In the United States, the Environmental Protection Agency (EPA) is responsible for regulating pesticides. For decades, the EPA has maintained that glyphosate, the active ingredient in Roundup, is not likely to be a human carcinogen when used according to its label. While this position is highly contested by many scientists and the World Health Organization’s cancer research agency, the EPA’s approval allows the product to be legally sold at the federal level.
- Differing Scientific Assessments: There is a significant global debate on the safety of glyphosate. The International Agency for Research on Cancer (IARC), part of the WHO, classified glyphosate as “probably carcinogenic to humans.” However, other regulatory bodies, including the EPA, have reached different conclusions. This scientific disagreement gives the manufacturer legal and regulatory cover to continue selling the product.
- Reformulated Products and Label Changes: In response to public pressure and litigation, the manufacturer has made changes. For the U.S. residential consumer market, they have begun to phase out glyphosate-based Roundup in favor of new formulas with different active ingredients. However, glyphosate-based versions, particularly for commercial and agricultural use, remain widely available. They have also updated warning labels, though plaintiffs argue these warnings are still inadequate.
- Ongoing Legal Appeals: Even when juries award massive verdicts to plaintiffs, those verdicts do not create a sales ban. The manufacturer appeals these decisions, a process that can take years. Unless a court issues a specific injunction to halt sales (which is rare), the product can continue to be sold while the legal battles play out.
- Corporate Risk and Market Demand: The manufacturer has made a calculated business decision that the profits from continued sales of Roundup outweigh the financial risks of ongoing lawsuits. They have set aside billions of dollars to handle claims. As long as there is market demand from consumers and commercial operators, they will likely continue to supply the product.
What This Means for Your Legal Claim
The most important thing for victims to understand is that the continued sale of Roundup does not defeat a potential lawsuit. Your legal claim is not about whether the product is sold today; it is about whether the manufacturer failed to warn you about the risks at the time you were exposed.
A successful Roundup lawsuit focuses on two key legal theories:
- Defective Design: The product was defectively designed because its risks outweighed its benefits.
- Failure to Warn: The manufacturer knew or should have known about the cancer risk and failed to provide an adequate warning on its label, preventing you from making an informed choice about your safety.
The evidence in your case will still center on proving your diagnosis, your history of exposure to Roundup, and the causal link between that exposure and your cancer. The fact that the EPA has not banned the product is a hurdle, but thousands of successful claims have shown that it is a hurdle that can be overcome with strong scientific evidence and expert testimony.
How to Build a Strong Roundup Case
To pursue a successful claim, you and your legal team must gather comprehensive evidence to document your history and your suffering.
- Document Your Exposure: Create a detailed timeline of your Roundup use. Where did you use it (home, work)? How often? For how many years? Collect any proof you have, such as purchase receipts, work records, landscaping licenses, or photos of you using the product.
- Gather Your Medical Records: This is the cornerstone of your case. You will need all pathology reports that confirm your specific type of cancer (e.g., Non-Hodgkin’s Lymphoma), as well as records detailing your cancer staging and all treatments you have received (chemotherapy, radiation, etc.).
- Identify Witnesses: Find family members, friends, or former co-workers who can provide statements confirming your regular use of Roundup over the years.
- Collect Employment Records: If your exposure was occupational, gather employment records, job descriptions, and pay stubs to help document your work history and lost wages.
- Stay Off Social Media: Do not post about your health, activities, or your lawsuit. Defense attorneys will scour your social media for anything they can use to argue that your quality of life has not been significantly impacted.
- Follow Your Doctor’s Advice: Adhering to your prescribed medical care is not only essential for your health but also demonstrates the seriousness of your condition.
Timelines and Settlement Programs
Roundup lawsuits are complex mass tort claims that often take years to resolve. Many cases are consolidated into Multi-District Litigation (MDL) or large settlement programs. These programs use a matrix or point system to value claims based on factors like the type of cancer, age at diagnosis, and treatment severity. While this can streamline the process, it is not fast. From initial intake and records collection to claim review and a final offer, the process can take many months or even years.
Frequently Asked Questions
1. Does the fact that Roundup is still being sold mean it’s safe?
No. Its continued sale is a result of regulatory, legal, and business decisions, not a declaration of its safety. Thousands of successful lawsuits are built on scientific evidence linking the product to cancer.
2. Can I have a case if I only used Roundup at home?
Yes. While occupational exposure cases (like landscapers or farmworkers) are often stronger, residential users with long-term, consistent exposure have successfully filed claims.
3. What types of cancer are commonly linked to Roundup in lawsuits?
The primary focus is on Non-Hodgkin’s Lymphoma (NHL) and its many subtypes, including Chronic Lymphocytic Leukemia (CLL), B-cell lymphoma, and T-cell lymphoma.
4. Do I need my original pathology slides to prove my diagnosis?
Yes. In most settlement programs, providing the actual tissue slides for independent review is a mandatory step to confirm your diagnosis.
5. Can I file a claim if my cancer is now in remission?
Absolutely. Your claim compensates you for the immense pain, suffering, medical bills, and lost wages you have already endured during your battle with cancer.
6. Can my family file a claim for a loved one who passed away?
Yes. Surviving family members can file a wrongful death lawsuit to seek compensation for the loss of their loved one.
7. Do I have to pay any fees upfront to hire a lawyer?
No. At Walch Law, we work on a contingency fee basis. This means you pay absolutely nothing unless we win a financial recovery for you.
Don’t Let Confusion Stop You From Seeking Justice
Seeing Roundup on store shelves while you are fighting for your life is understandably frustrating. Do not let it discourage you from exploring your legal rights. The family at Walch Law has been helping injured Californians for over 45 years. We can evaluate your case, handle the complex evidence gathering and legal filings, and fight to get you the compensation your family deserves.
Contact us today for a free, confidential consultation. Let us handle the legal battle so you can focus on your health. We are ready to get started on your Los Angeles Roundup lawsuit today.