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Case 3:16-cv-01042Filed 09/16/16Document 1Page1 of 32PageID #1UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF ILLINOISJOHNCUSHMAN,PlaintiffIv.Case No.: 16cv1042MONSANTO COMPANYDefendant.COMPLAINTPlaintiff, Charles Cushman ("Plaintiff'), by and through his undersigned attorneys,hereby brings this Complaint for damages against Defendant Monsanto Company and alleges thefollowing:NATURE OF THE CASE1.This isanresult of Defendant'saction fordamagesandnegligentsufferedbywrongful conductPlaintiffas adirect andproximatein connection with thedesign,development, manufacture, testing, packaging, promoting, marketing, advertising, distribution,labeling, and/or sale2.of the herbicideRoundup , containing the active ingredient glyphosate.Plaintiff maintains thatRoundup and/orglyphosate is defective, dangeroustohuman health, unfit and unsuitable to be marketed and sold in commerce, and lacked properwarnings and directions as to the dangers associated with its use.3.acrossPlaintiff sthe country,wereinjuries,like thosestrikingavoidable.1thousands ofsimilarly situatedvictims
Filed 09/16/16Document 1Case 3:16-cv-01042Page2 of 32PageID #2JURISDICTION AND VENUEThis Court has jurisdiction4.1332 because there isDefendant is eitheroverDefendant and this action pursuant to 28 U.S.C.complete diversity of citizenshipincorporatedand/or has itsbetween Plaintiff and Defendant.principal placeof business outside of the state inwhich the Plaintiff resides.The amount in controversy between Plaintiff and Defendant exceeds5. 75, 000,exclusive of interest and cost.The Court also has7.Venue is proper within this district pursuant to 28 U.S.C.Defendant conducts business here and issubjecttoFurthermore, Defendant sells, markets, and/or distributesof Illinois.Also,a1367.supplemental jurisdiction pursuant to 28 U.S.C.6.1391 in thatpersonal jurisdictionin this district.Roundup within theSouthern Districtsubstantial part of the acts and/or omissionsgiving risetothese claimsoccurred within this district.PARTIESPlaintiff, Charles Cushman, is8.and citizen ofsustainedbyEffingham County, Illinois.exposure tothe surfactantanatural person and at all relevant timesPlaintiffbrings thisaction foraresidentpersonal injuriesRoundup ("Roundup") containing the active ingredient glyphosatepolyethoxylated tallow amine ("POEA").Asaanddirect and proximate result of beingexposed to Roundup, Plaintiff developed diffuse large B-Cell non-Hodgkin's Lymphoma.9."Roundup"contain the activePoisonIvyandrefers to all formulations of Defendant'singredient glyphosate, including, butToughBrush Killer 1,RoundupCustomnot limited to,Foam Weed & GrassHerbicide, Roundup Original2kRoundupthatConcentrateHerbicide, Roundup D-Pak herbicide,Roundup Dry Concentrate, Roundup Export Herbicide, RoundupRoundup GardenRoundup productsFence & HardEdger 1,Killer, Roundup Grass and Weed Killer, Roundupherbicide, Roundup Original II Herbicide, Roundup ProConcentrate, Roundup Prodry Herbicide, Roundup Promax, Roundup Quik Stik Grass and WeedKiller, Roundup Quikpro Herbicide, Roundup Rainfast Concentrate Weed & Grass Killer,2
RoundupRainfastSuperFiled 09/16/16Document 1Case 3:16-cv-01042PageConcentrate Weed & Grass Killer,Control Weed & Grass Killer 1 Plus Weed Preventer,3 of 32PageID #3ExtendedRoundup Ready-to-UseRoundup Ready-to-UseWeed & GrassKiller, Roundup Ready-to-Use Weed and Grass Killer 2, Roundup Ultra Dry, Roundup UltraHerbicide, Roundup Ultramax, Roundup VM Herbicide, Roundup Weed & Grass KillerConcentrate, Roundup Weed & Grass Killer Concentrate Plus, Roundup Weed & Grass killerReady-to-Use Plus, RoundupKiller 1Weed & Grass KillerReady-to-Use, RoundupWSD Water Solubleany other formulation of containing the active10.oringredient ouri.MONSANTODefendant& GrassDry Herbicide Deploy Dry Herbicide,Defendant MONSANTO COMPANY isplace of business in St. Louis,11.Super Concentrate, Roundup oods, specifically Roundup,in St. ClairCounty,12.Defendant advertises and sells13.Defendant transacted and conducted business within the State of Illinois thatIllinois.relates to the14.allegations in this Complaint.Defendant derived substantialrevenuefromgoods and productsused in the Stateof Illinois.15.Defendantexpected or should have expected itsthe State of Illinois, and derived substantial16.Defendantengagedrevenueacts to have consequences withinfrom interstatein the business ofcommerce.designing, developing, manufacturing,testing, packaging, marketing, distributing, labeling, and/or selling Roundup.17.fromDefendant is authorized to do business in Illinois and derive substantial incomedoing business in this18.Defendantstate.purposefullywith the State of Illinois, thus19.availed itself of theprivilegeofconducting activitiesinvoking the benefits and protections of its laws.Upon informationandbelief, Defendant did3act todesign, sell, advertise,
Document 1Case 3:16-cv-01042Filed 09/16/16Pageof itsRoundup, with full knowledgemanufacture and/or distribute4 of 32ID #4Pagedangerous and defectivenature.FACTUAL ALLEGATIONS20.times, Defendant was in the business of, and did, design, research,At all relevantmanufacture, test, advertise, promote, market, sell, distribute, and/or have acquired andresponsiblefor Defendant who has21.designed, researched, manufactured, tested, advertised,and distributed the commercial herbicidepromoted, marketed, sold,Monsanto ismultinationalaareRoundup.agricultural biotechnology corporationbased in St.Louis, Missouri. It is the world's leading producer of glyphosate.22.andDefendant discovered the herbicidalsubsequently begantopropertiesdesign, research, manufacture,ofglyphosate duringsell and distributethe 1970'sglyphosatebased"Roundup" as a broad spectrum herbicide.to23.Glyphosate is the active ingredient in Roundup.24.Glyphosateisbroad-spectrumaherbicide used to kill weeds and grasses knowncompete with commercial crops grown around the ective" herbicide,given organism producesphosphate yed asand roots, and detectable28.Each year,atheliquid, plantsquantities5-enolpyruvylshikimic acid-3-5-enolpyruvylshikimic acid-3-phosphateenzymepathwayinplants, resultingabsorbin the accumulation ofglyphosate directly through their leaves, stems,accumulate in theplant tissues.approximately 250 million poundslargely by the proliferationresist theenzyme,ultimately plant death.commercial nurseries, suburban lawns,drivenspecificsynthase.that interferes with the shikimicshikimic acid in plant tissue andameaning it kills indiscriminately basedof glyphosateparks, and golf courses.of geneticallyactivity of glyphosate.4engineeredaresprayed on crops,This increase incrops, cropsusehas beenspecifically tailored to
Document 1Case 3:16-cv-01042Defendant is29.marketing, sale, and/ormarketedasFiled 09/16/16intimately involvedPagedistribution of genetically modified("GMO")being resistant to Roundup i.e., "Roundup Ready .of corn and cotton, and 90% ofPagecrops, many of whichAs of 2009, DefendantIn2010,anfields in the United States containedsoybeanID #5development, design, manufacture,in theleading producer of seeds designed to be Roundup Ready .world's5 of 32wasaretheestimated 70%Roundup Ready seeds.original Roundup, containingThe30.introduced in 1974.Today, glyphosate productsactivetheareingredient glyphosate,among the world's mostwaswidely usedherbicides.'For31.unawareof itsnearly40 years, consumers,farmers, and the public have used Roundup,carcinogenic properties.REGISTRATION OF HERBICIDES UNDER FEDERAL LAWThe manufacture, formulation and distribution of herbicides, such32.areregulatedunder the Federal Insecticide,Fungicide,that allpesticides136 et seq. FIFRAU.S.C.The EPArequiresof tests to evaluate theasthe EPA, however, is notregisteringeffectsorfor exposure to7.with the Environmentalexceptasother adverse effectsan assurance orre-registeringapesticides, toxicityproductfindingby FIFRAdescribedonthe environment." 7 U.S.C.ontopeoplethe environment.aand otherRegistration byof safety. The determination the EPA makes inis not that theproductin accordance with its label directions "will not34.1use,("FIFRA"),part of the registration process, among other requirements,potentialpotential non-target organisms, Agency ("EPA) prior to their distribution, sale,Protection7 U.S.C.requiresand Rodenticide Actasis "safe,generallybut rather thatcauseuseof theunreasonable adverse136(a)(c)(5)(D).FIFRA defines "unreasonable adverse effectsBackgrounder, History of Monsanto's Glyphosate Herbicides,5onJune 2005.the environment" tomean"any
unreasonable risk toman orthe environment,environmental costs and benefits of therequires theEPA to makegranted or allowed toFiled 09/16/16Document 1Case 3:16-cv-01042arisk/benefituseanalysiscontinue to be sold ininpesticide."ID #6Pageeconomic, social, and7 U.S.C.136(bb).FIFRA thusdetermining whether a registrationshould becommerce.The EPA and the State of Illinois35.into account thetakingof any6 of 32Pagefor distribution, sale, andregistered Roundupmanufacture in the United States and the State of Illinois.36.testingofconduct health andgenerally requires that the registrant, Monsanto,FIFRAThe government is notpesticide products.required,noris it able, tosafetytheperformproduct tests that are required of the manufacturer.The evaluation of each37.completedpesticideat the time thehaschangedproducts throughaproductoverispesticide product distributed, sold,initially registered.time. The EPA isnow1. In order to reevaluate thesepesticides,The data necessary forin the process ofCongressionally-mandated processmanufactured isorcalledre-evaluating"re-registration."the EPA demands theregistrationcompletionallof apesticide7 U.S.C.136a-of additional testsand the submission of data for the EPA's review and evaluation.In the38.preliminaryThe EPApendingcaserisk assessmentcompleted itsisaandglyphosateRoundup,in relation to thereview of glyphosate infurther review inglyphosateoflight of thecarcinogenicity in humansregistrationearly 2015,World Health"probable carcinogen"asthe EPA hadprocessbutnoonreleasinglater thandelayed releasing theOrganization'sdemonstratedplannedMarch 24, 2015by theJulyits2015.assessmentfindingthatmechanistic evidence ofand sufficient evidence of carcinogenicity in animals.MONSANTO'S FALSE REPRESENTATIONS REGARDING THE SAFETY OFROUNDUP 39.InMonsanto based1996, the New York Attorney General ("NYAG") filedonits false andmisleading advertising6of Roundupalawsuitagainstproducts. Specifically,the
Document 1Case , including Roundup,Filed 09/16/16general representationswerePage7 of 32that its spray-on"safer than table salt" andPageID #7glyphosate-based"practicallynon-toxic" tomammals, birds, and fish. Among the representations the NYAG found deceptive and misleadingabout the human and environmentalsafety of Roundup are the following:a) Remember that environmentally friendly Roundup herbicide isbiodegradable. It won't build up in the soil so you can useRoundup with confidence along customers' driveways,sidewalks and fences.b)And remember that Roundup is biodegradable and won't buildup in the soil. That will give you the environmental confidenceyou need to use Roundup everywhere you've got a weed, brush,edgingtrimming problem.orc) Roundup biodegrades into naturally occurring elements.Roundup herbicide stays where you putwashing or leaching to harm customers'vegetation.d)Remember that versatileit. That means there's noshrubs or other desirablee)This non-residual herbicide will not washstays where you apply it.0confidence because it will stayYou can apply Accord withwhere you put it" it bonds tightly to soil particles, preventingleaching. Then, soon after application, soil microorganismsbiodegrade Accord into natural products.g) Glyphosate isoral ingestion.orleach in the soil. Itless toxic to rats than table saltfollowingacuteh) Glyphosate's safety margin is much greater than required. It hasover a 1, 000-fold safety margin in food and over a 700-foldsafety margin for workers who manufacture it or use it.i)good about using herbicides by Monsanto. Theytoxicity category rating of 'practically non-toxic' as itYoucancarryafeelpertains to mammals, birds and fish.j)be used where kids and pets will play and breaksdown into natural material." This ad depicts a person with hishead in the ground and a pet dog standing in an area which has"Roundupcan7
been treated withOn November40.orbroadcasting8 of 32PagePageID #8Roundup.219, 1996, Monsanto entered intowith NYAG, in which MonsantopublishingFiled 09/16/16Document 1Case 3:16-cv-01042among otheragreed,any advertisements[inNewAssurance of Discontinuancean"tothings,York]ceaseand desist fromthat represent,directlyorbyimplication" that:a) its glyphosate-containing pesticide products orcomponent thereof are safe, non-toxic, harmless oranyfreefrom risk.glyphosate-containing pesticide productsitsb)oranycomponent thereof manufactured, formulated, distributedor sold by Monsanto are biodegradable.c) its glyphosate-containing pesticide products or anycomponent thereof stay where they are applied under allcircumstances and will not move through theenvironmentby any means.d) its glyphosate-containing pesticide products or anycomponent thereof are "good" for the environment or are"known for their environmental characteristics."pesticidee) glyphosate-containingcomponent thereofconsumerits glyphosate-containingthereof might be classifiedf)41.Newthe2Monsanto did not alter itsYork, and42.safetyproductsonInproductssafer or less toxic thanother than herbicides;areproducts or any component"practically non-toxic.advertisingin theAttorney General of theYork, In the63(15) (Nov. 1996).State of Newsame mannersoin any state other thantoday.court ruled that Monsanto had not told the truth aboutof Roundup.
Case 3:16-cv-01042 Document 1 Filed 09/16/16 Page 5 of 32 Page ID #5 29. Defendant is intimately involved in the development, design, manufacture, marketing, sale, and/or distribution of genetically modified ("GMO") crops, many ofwhich are marketed as being resistant to Roundup i.e., "Roundup Ready . As of2009, Defendant was the world's leading producer of seeds designed to be Roundup
