June 2, 2016 – A class action lawsuit was filed last year in California state court, but Monsanto had it moved to Federal Court claiming federal preemption of state law. Even though the claims were patently false under most if not all state laws–including California: statements such as those prominently displayed on Monsanto’s herbicide Roundup, that it does not harm people or pets. Yet, not surprisingly, the court ruled that federal law would control. And everyone knows that federal laws are replete with loopholes, bad wording, and often provide unintended, and in some cases what appears as ‘intended’ consequences of letting industries that do harm, off the hook. Well so far, that’s the status of the California class action claim against Monsanto for False Advertising. However, many of the issues will be further appealed not only in California but in other states as well, with a number of different types of claims being made.
For those who do not know, the human genome and that of animals are comprised of trillions of bacteria that reside in the digestive tract. These beneficial flora or gut microbes assist bodies not only in the digestive process but in the immune system response. However, the Monsanto product claims that only plants are vulnerable to the glyphosate herbicide application, claiming humans do not have the pathways that could be harmed by the application of glyphosate. But, what they fail to discuss, is that our gut bacteria do! So in essence, we are vulnerable by way of the beneficial microbes that live within the host–humans and animals–and therefore we are subject to the toxic effects of the herbicide glyphosate.
To have a false advertising claim:one must establish five criteria: (1) a false statement of fact made about the product; (2) the statement is deceptive or has potential to deceive; (3) deception likely to influence purchasing decisions; (4) the advertising involves goods in interstate commerce; (5) the deception has caused injury to the plaintiff(s).
Clearly the misinformation is the most obvious type or ‘patent’ claim, that “Roundup targets an enzyme not found in people,” yet in reality–the opposite is true–that Roundup targets an enzyme found in both plants and people. In fact, according to the verified science in the California complaint, “[t]he targeted enzyme, EPSP synthase is produced by weeds, plants, bacteria, fungi, algae, and other microbes”–the very same microbes found in people!
In light of this revelation, this patently and objectively false and misleading claim may very well be Monsanto’s undoing along with other issues that it produces numerous diseases and conditions in those exposed to it. To learn more about the science and the many Monsanto lawsuits, continue reading Blog-Point-in-The-News, or contact us at info@TheLegalEdition.com
