Home Depot made another attempt to get out of a proposed class action lawsuit filed by a man who sued the company for not warning consumers that the Roundup weed killer it sold contains glyphosate, an alleged cancer-causing ingredient. Had he known of the risks associated with the product, his lawsuit states, he would never have bought the herbicide.

roundup update Judge rejects Home Depots bid to nix Roundup lawsuitLast month, Home Depot asked U.S. District Judge Fernando M. Olguin to throw out the suit based on the Federal Insecticide, Fungicide and Rodenticide Act, or FIFRA, which preempts a California law that requires warnings specifically for glyphosate.

This week, Home Depot made another attempt to be removed from the case, but Judge Olguin refused saying the home improvement warehouse improperly referenced materials “outside the pleadings.” Home Depot requested for judicial notice several documents on the Environmental Protection Agency (EPA)’s website, to which the judge responded by saying the company “made no effort to authenticate the documents or establish how each document qualifies for judicial notice.”

The EPA has taken a stand that glyphosate does not cause cancer despite the World Health Organization’s International Agency on Cancer in 2015 classifying the chemical as a probable carcinogen.

The issue has been at the center of three trials against Roundup maker Bayer AG blaming exposure to glyphosate in Roundup for causing cancer, specifically non-Hodgkin’s lymphoma. The first trial ended in a $289 million verdict for the plaintiff, which was later reduced to $78 million; the second resulted in an $80 million, which was later reduced to $25 million; and a jaw-dropping $2.055 billion verdict for an elderly couple who both developed non-Hodgkin’s lymphoma. Bayer, which acquired Roundup maker Monsanto in 2018, faces about 42,000 similar lawsuits.

The case against Home Depot was filed by James Weeks in August. Weeks has filed a similar lawsuit against Lowe’s.

Beasley Allen lawyers are currently representing clients who have been exposed to Roundup and developed non-Hodgkin’s lymphoma. Our Roundup Litigation Team would welcome the opportunity to speak with you regarding a potential claim. For more information, contact one of the members of the Roundup Litigation Team: John Tomlinson (who heads up the team), Michael Dunphy, Danielle Ingram or Rhon Jones, all lawyers in our Toxic Torts Section.

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