A lawsuit was filed earlier this month in Texarkana federal court which seeks damages on behalf of customers in California and Arkansas who purchased Roundup weedkiller products from Lowe’s stores.
The lawsuit, filed in the Texarkana Division of the Western District of Arkansas, is looking to represent consumers who purchased Roundup from Lowe’s stores in Arkansas in the five years preceding the lawsuit and California four years preceding the lawsuit.
Two plaintiffs are named in the proposed class action complaint: Amanda Boyette of Texarkana, Arkansas and James Weeks of Oxnard, California.
The lawsuit against Lowe’s is similar to the one filed against Walmart. That lawsuit is seeking damages for Arkansas residents who purchased Roundup from a Walmart in the state.
Both of these lawsuits allege violations of the Arkansas Deceptive Trade Practices Act as well as violations of California law.
The complaint states that Roundup products only contain a warning that the product may cause “moderate eye irritation.”
“This warning gives the false impression eye irritation is the only risk posed by Roundup, when in fact, glyphosate is known to have links to cancer,” the lawsuit states.
The manufacturer provides Walmart and Lowe’s with a Safety Data Sheet (SDS) which highlights additional risks, such as inhalation and skin contact, according to the lawsuits.
“Defendant further omits proper use instructions, e.g. advising consumers to use a gas mask respirator when using Roundup,” the complaints state. “Reasonable consumers, like plaintiff, who have purchased Roundup, would not have done so had they known of its carcinogenic risks or had defendant provided a warning on how to minimize these risks.”
The lawsuits highlight several studies that raise concerns about the health risks of glyphosate. It also mentions other lawsuits that have produced multi-million-dollar judgements as well as the restrictions and bans on glyphosate in other countries.
Neither Walmart nor Lowe’s have commented on the complaints.