Andrew Gilmore Settlement: Roundup Class Action Payouts and Claims

The Gilmore v. Monsanto settlement is a consumer class action that resolved for between $23 million and $45 million over allegations that Monsanto sold Roundup, HDX, and Ace weed killers without disclosing that glyphosate could potentially cause cancer. It covers 19 home-and-garden products sold under those three brands, pays claimants roughly 20 percent of the weighted average retail price per unit purchased, and began distributing payments on October 28, 2024, after the Ninth Circuit affirmed the deal.¹

What the Case Was About

This was a false-advertising case, not a cancer case. Scott Gilmore and seven other named plaintiffs alleged that Monsanto violated consumer protection laws, including the Delaware Consumer Fraud Act, by marketing glyphosate-based weed killers without warning that the products could potentially cause cancer or other harm. The theory was economic: consumers paid a premium they would not have paid, or bought products they would have skipped, had the labeling been honest.²

The plaintiffs did not claim they got sick. That distinction matters, because the settlement expressly preserved the right of any class member to sue Monsanto separately for personal injury if exposure to the products caused cancer or another illness.¹ Taking money from Gilmore did not waive a health claim.

Which Products Were Covered

The settlement covered 19 specific Monsanto products containing glyphosate, sold under the Roundup, HDX, and Ace brand names and marketed for home and garden use. Products sold for agricultural or industrial applications were not included.³

How Payouts Were Calculated

Individual payments were set at roughly 20 percent of the weighted average retail price of each product, with per-unit amounts ranging from $0.50 to $33.00 depending on the product and the state where it was bought. A 24-ounce bottle of ready-to-use Roundup returned about $2.00. A 2.5-gallon container of Roundup Pro Concentrate returned $33.00.⁴

Claimants without receipts could still file, but they were limited to between 2 and 11 units depending on state, capped at one unit per year within the class period. Anyone with valid proof of purchase could claim an unlimited number of units.⁵

The fund had a floor and a ceiling. If valid claims plus expenses exceeded $45 million, individual payments would be reduced proportionally. If the total came in under $23 million, payments would be increased proportionally so the full minimum reached class members.⁶ Roughly 226,000 to 230,000 valid claims came in, and the projected total payout landed between about $25 million and $26.5 million, with average recoveries expected to exceed $50 per class member.²

Can You Still File a Claim?

No. The claims filing period closed before final approval in early 2023, and the payment distribution to valid claimants who had already filed began on October 28, 2024.¹ If you did not submit a claim during the notice period, the Gilmore settlement is closed to you. A personal injury claim over cancer from Roundup exposure is a separate matter and was not released by this settlement.

Timeline From Filing to Payment

The case was consolidated into the Roundup multidistrict litigation before Judge Vince Chhabria in the Northern District of California as Case No. 3:21-cv-8159.⁷ Judge Chhabria provisionally approved the deal on June 21, 2022. The claims administrator sent email notice to more than 2.8 million addresses. Only seven class members opted out, and no objections were filed by the time plaintiffs moved for final approval in November 2022.²

A fairness hearing was held on January 12, 2023, and final approval came on March 31, 2023. Class Counsel had requested $11.25 million in fees; Judge Chhabria cut that nearly in half and reduced the requested costs by more than two-thirds, directing surplus funds to class members rather than back to Monsanto.⁸

Two Missouri residents, Ryan Tomlinson and Carol Richardson, appealed on April 21, 2023, arguing the nationwide deal was collusive and wiped out stronger Missouri claims they were pursuing separately. On May 29, 2024, the Ninth Circuit affirmed in full, rejecting the “reverse auction” argument and finding the Missouri action lacked the leverage to make the settlement unfair.⁸ All appeals were resolved by August 28, 2024, and payments began that October.

How This Differs From the Roundup Cancer Cases

Gilmore is easy to confuse with the much larger personal injury litigation over Roundup and non-Hodgkin lymphoma, but the two are separate tracks. Bayer, which acquired Monsanto in 2018, has paid over $11 billion across roughly 131,000 resolved personal injury claims.⁹¹⁰¹¹ That proposal remains subject to court approval.

The Supreme Court also heard argument in April 2026 in Monsanto Company v. Durnell, which tests whether federal pesticide law preempts state-court failure-to-warn claims. A decision is expected by mid-2026.¹² None of that affects Gilmore, which is a closed consumer case with its money already going out the door.

1
Weed Killer Ad Settlement. Gilmore v. Monsanto Class Action Settlement
2
Courthouse News Service. Gilmore v. Monsanto Settlement Agreement
3
Courthouse News Service. Gilmore v. Monsanto Preliminary Settlement Filing
4
Weed Killer Ad Settlement. Gilmore Settlement Agreement
5
Weed Killer Ad Settlement. Gilmore v. Monsanto Short Form Notice
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Weed Killer Ad Settlement. Gilmore v. Monsanto Long Form Notice
7
Justice Pesticides. Scott Gilmore et al v. Monsanto Company, et al
8
Justia. Scott Gilmore et al. v. Monsanto Company, No. 23-15611
9
The New York Times. Bayer Roundup Lawsuits Settlement
10
Reuters. Federal Judge Sends Bayer’s $7.25 Billion Roundup Settlement Back to Missouri State
11
The Hill. $7.25B Settlement Over Roundup Weed Killers
12
SCOTUSblog. Justices to Consider Relationship Between Federal and State Rules for Cancer Warnings on Pesticides