Can I Still Sue Monsanto for Roundup in 2026?

The two most common questions we field on intake calls are "Can I still sue?" and "How long do I have?" The short answers are yes, you can, and less time than you think. Here is the longer version.

Yes — New Cases Are Still Being Filed

Despite the headlines about Bayer's settlement fund, the Roundup litigation is not over. New product liability complaints are filed against Monsanto and its parent company Bayer AG every week, in both the federal Roundup MDL (MDL 2741, U.S. District Court for the Northern District of California) and in state courts across the country. The reasons are straightforward: Bayer continues to sell Roundup. New diagnoses of Roundup-linked cancers — Non-Hodgkin Lymphoma, B-cell Lymphoma, Chronic Lymphocytic Leukemia, Hairy Cell Leukemia, Multiple Myeloma — continue to occur. And the underlying scientific record about glyphosate has not changed.

Bayer's Settlement Did Not End The Litigation

In June 2020, Bayer announced agreements to resolve a portion of the pending Roundup litigation through a settlement fund of up to $10.9 billion. The figure made headlines. What did not make headlines, in equal measure, is what the settlement did not do.

• The settlement resolved many existing Roundup claims that had already been filed at that point. It did not extinguish Monsanto's product liability exposure for cases brought after.
• The settlement did not include an admission of liability by Monsanto or Bayer. The companies continue to insist Roundup is safe.
• Bayer's separate effort to establish a future-claims program through a class-action settlement was rejected by the trial court, meaning Bayer has no court-approved mechanism to bind future plaintiffs.
• New product liability cases continue to be filed and litigated outside the 2020 framework.

The practical takeaway: the 2020 number was real, but it resolved one chapter, not the whole book. If you were diagnosed before, during, or after that settlement and did not participate in it, your claim is not foreclosed by it.

The Federal MDL Is Still Active

The federal Roundup multidistrict litigation — In re: Roundup Products Liability Litigation, MDL No. 2741 — remains active in the U.S. District Court for the Northern District of California, presided over by Judge Vince Chhabria. The MDL coordinates federal Roundup cases across the country for pretrial purposes; bellwether trials and case management orders continue to govern proceedings.

Filing in the MDL is not the only path. Many Roundup cases are filed directly in state courts, where state law on product liability, statutes of limitations, damages, and discovery may be more favorable to plaintiffs. We evaluate the right venue case by case.

The Real Deadline: Your State's Statute Of Limitations

Statutes of limitations are the hard rules in product liability litigation. Each state sets its own. Most states give plaintiffs 2 to 4 years from a triggering date to file a Roundup claim. Some states are shorter. A handful are longer. Wrongful death claims often have separate, sometimes shorter deadlines.

The trickier question is what triggers the clock. Many states use a "discovery rule," meaning the clock starts running when the plaintiff knew, or reasonably should have known, that there was a connection between Roundup exposure and the cancer. Other states start the clock at the date of diagnosis itself. The specific rule in your state can mean the difference between a viable case and a permanently barred one.

What Triggers The Clock In Real Cases

In our experience, three triggering events come up over and over again:

• Date of diagnosis. The pathology report or oncology workup that confirms the lymphoma, leukemia, or myeloma diagnosis is the simplest trigger and the one most courts default to in the absence of a discovery-rule argument.
• Date the Roundup connection became reasonably knowable. Some plaintiffs were diagnosed years before they ever heard about Roundup litigation or the IARC classification. Discovery-rule states may start the clock when that connection became reasonably available, not when the diagnosis itself happened.
• Date of death (for wrongful death). If the patient has died, surviving family members typically have a separate window measured from the date of death rather than the date of diagnosis. These windows are often shorter.

Why You Should Not Wait, Even If You Think You Have Time

Three reasons to call sooner rather than later, even if you think your statute is years out:

• Statute analysis is fact-specific. The law in your state may give you four years — or it may give you two. The discovery rule may apply — or it may not. We cannot tell you which clock applies to you without seeing the medical record and the exposure history.
• Building the case takes time. Roundup cases require pathology review, exposure documentation, medical records collection, expert work, and complaint drafting. Starting on day one of the limitations window leaves comfortable runway. Starting on day 700 of a 730-day window does not.
• The intake call is free. There is no cost to having us look at the file. There is no obligation. Herb Borroto, M.D., J.D., reads the medical record. We tell you whether you have a case and what your real timeline looks like.

Bottom Line

The answer to "Can I still sue Monsanto for Roundup in 2026?" is yes — with one large caveat about deadlines. Bayer's settlement did not close the door. The federal MDL is still active. Your state's statute of limitations is the real constraint, and it is shorter than most people assume. If you or a family member used Roundup and were diagnosed with Non-Hodgkin Lymphoma, B-cell Lymphoma, Chronic Lymphocytic Leukemia, Hairy Cell Leukemia, or Multiple Myeloma, the next step is a free case review. Herb Borroto reads the pathology personally. We work on contingency. There is no fee unless we recover for you.