Ga. Court Tosses Failure-to-Warn, Merchantability Claims in Roundup Case Involving Renal Cell Carcinoma
October 19, 2021
VALDOSTA, Ga. –– A Georgia federal court has dismissed failure-to-warn and breach of implied warranty of merchantability claims asserted in a Roundup case involving renal cell carcinoma, concluding in part that the plaintiffs had failed to establish that the decedent read the warning labels prior to using the herbicide product.
In a Sept. 29 order, the U.S. District Court for the Middle District of Georgia also found that since the decedent didn’t purchase the Roundup products, the plaintiffs lacked standing to bring the merchantability claim.
The plaintiffs asserted the claims on behalf of David Terry, contending that his use of …