Food and consumer products settlement

Paid out

Roundup Concentrate Settlement: $21.5 Million Refund Deal Over "Makes Up To" Gallon Claims

Paid: the $21.5M Roundup Concentrate settlement refunded $11 to $53 per bottle over "makes up to" gallon labels. Claims closed March 6, 2018; approval upheld in 2019.

By the Best Class Actions research deskUpdated 5 min readChecked against court records
A grocery store aisle seen from a shopping cart handle

The $21.5 million Roundup Concentrate settlement is closed and paid. It refunded buyers of Roundup Weed & Grass Killer Concentrate Plus and Super Concentrate whose bottles said they "make up to" a certain number of gallons, at $11 to $53 per bottle. The claim deadline was March 6, 2018, and an appeals court upheld the settlement on August 20, 2019, clearing the way for payments.

If you are here because of the Roundup cancer litigation, that is a different matter: this deal covered only the gallon labeling and expressly did not release personal injury claims. See the Roundup cancer lawsuit page for that case.

Settlement fund

$21.5 million

Paid out

Claim deadline
March 6, 2018
Proof
Proof optional (can raise payout)
What you can get
About 50% of the weighted average retail price per unit: $11 to $13 for Concentrate Plus sizes up to 40 oz., $22 for 64 oz., and $21 to $53 for Super Concentrate; limited to 20 units per household
Who qualifies
People in the U.S. who bought Roundup Weed & Grass Killer Concentrate Plus or Super Concentrate for personal or household use, in packaging whose neck or shoulder label said it "makes up to" a number of gallons, during the class period (from October 13, 2012 in California and later start dates in other states).

Filing is free and done only on the court-approved site run by Dahl Administration. Best Class Actions is not the administrator.

Key takeaways.

  • Monsanto created a $21.5 million non-reversionary fund to settle claims that Roundup Concentrate bottles overstated how many gallons of spray they could make. Monsanto denied wrongdoing.
  • The claim and opt-out deadline was March 6, 2018. The settlement is closed and paid out.
  • Refunds were about half the average retail price of each bottle, from $11 for a 32 oz. Concentrate Plus to $53 for a 1 gallon Super Concentrate, up to 20 units per household.
  • The court approved the deal on May 25, 2018, and the Eighth Circuit affirmed on August 20, 2019 after an objector appealed.
  • This settlement was about labeling only. It did not release personal injury claims, such as the separate Roundup cancer lawsuits.
CaseRawa, et al. v. Monsanto Company
CourtU.S. District Court for the Eastern District of Missouri, Judge Audrey G. Fleissig, No. 4:17-cv-01252-AGF
Settlement fund$21.5 million
Claim deadlineMarch 6, 2018
Opt out or object byMarch 6, 2018
Final approval hearingApril 17, 2018
AdministratorDahl Administration

What the Roundup Concentrate settlement resolved

Monsanto sold Roundup herbicide in ready-to-use and concentrate forms, and marketed the concentrates as a better value. According to the Eighth Circuit's opinion, the plaintiffs alleged that Monsanto misled buyers about how much spray solution the concentrates made; in one example cited by the court, a label advertised that the product could make up to ten gallons, but when diluted according to the package instructions it made just over five. The plaintiffs claimed this misrepresented the products' value by nearly 50 percent on some units.

Class counsel first sued in the Central District of California, where the court certified only a California class. They then filed Rawa v. Monsanto Company, No. 4:17-cv-01252, in the Eastern District of Missouri for buyers in the other 49 states, and the California case was transferred there so both could settle together. Monsanto denied the allegations and any wrongdoing, and the settlement is not a finding that the labels were false.

The settlement also released The Scotts Company, which marketed Roundup consumer products, from the labeling claims. Roundup's active ingredient, glyphosate, is the subject of separate litigation over cancer risk.

Who was eligible for the Roundup Concentrate settlement?

The court certified a settlement class of all persons in the United States who, during the class period, bought Roundup Weed & Grass Killer Concentrate Plus or Roundup Weed & Grass Killer Super Concentrate in the U.S.:

  • for personal or household use, not for resale, distribution, or commercial use;
  • in packaging whose neck or shoulder label said the product "makes up to" a certain number of gallons; and
  • without having already received a full refund.

For California buyers the class period started October 13, 2012; in other states it began on a date set by each state's statute of limitations. The settlement website noted the "makes up to" statement was removed from the neck or shoulder of Concentrate Plus bottles around late 2014 but not from Super Concentrate. Other Roundup products, including ready-to-use sprays, were not covered.

How much the Roundup Concentrate settlement paid

Refunds were set at about 50% of each product's weighted average retail price, capped at 20 units per household:

ProductAvg. retail priceRefund
Super Concentrate 35.2 oz.$42.48$21
Super Concentrate 53.7 oz.$62.88$31
Super Concentrate 64 oz.$72.64$36
Super Concentrate 128 oz.$105.85$53
Concentrate Plus 32 oz.$21.31$11
Concentrate Plus 36.8 oz.$22.97$11.50
Concentrate Plus 40 oz.$26.40$13
Concentrate Plus 64 oz.$44.54$22

According to the Eighth Circuit, the administrator validated 70,360 claims worth $10,732,832, a claims rate of about 13% of the $164 million in covered retail sales. The district court awarded attorneys' fees of 28% of the fund. Because valid claims fit within the fund, the settlement called for leftover money to go to court-approved cy pres organizations rather than back to Monsanto. See our guide to what happens to unclaimed settlement money.

How claims were filed

Claims were filed online or by mail through the settlement administrator, Dahl Administration. The claim form asked for contact information and either proof of purchase or a sworn statement under penalty of perjury describing the purchases. A receipt was not required, but claims without one relied on a signed affirmation.

This is a common setup in low-dollar consumer settlements; see our guide on settlements that do not require proof of purchase. Claiming more units than you bought is fraud, and administrators screen for it.

Key dates for the Roundup Concentrate settlement

EventDate
Preliminary approvalDecember 6, 2017
Claim and opt-out deadlineMarch 6, 2018
Objection deadlineMarch 27, 2018
Final approval hearingApril 17, 2018
Final approval orderMay 25, 2018
Appeal filedJune 14, 2018
Eighth Circuit affirmsAugust 20, 2019

An objector, James Migliaccio, appealed on the ground that combining the California class with the nationwide class hurt California buyers. The Eighth Circuit rejected every argument and affirmed on August 20, 2019, finding the settlement reasonable, fair, and adequate. The appeal delayed payments by more than a year. As of September 2026 the settlement website is offline, and we could not confirm the exact date checks were mailed from the official site.

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Hurt worse than this settlement covers?

If you were injured or lost a lot of money, you may be able to opt out and bring your own claim. Deadlines apply. An independent attorney can tell you whether it is worth it. Free, no obligation.

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Roundup Concentrate "makes up to" gallons settlement: common questions.

How much did the Roundup Concentrate settlement pay?

Refunds were about half the average retail price per bottle: $11 to $13 for Concentrate Plus sizes up to 40 ounces, $22 for the 64 ounce Concentrate Plus, and $21 to $53 for Super Concentrate sizes, up to 20 units per household.

Is the Roundup Concentrate settlement still open?

No. The claim and opt-out deadline was March 6, 2018. The court approved the settlement on May 25, 2018, and the Eighth Circuit affirmed on August 20, 2019, after which payments were released.

What was the Roundup Concentrate lawsuit about?

Buyers alleged Monsanto overstated how many gallons of spray solution Roundup Concentrate Plus and Super Concentrate bottles made, through "makes up to" gallon statements on the label. Monsanto denied the allegations and settled for $21.5 million.

Did I need a receipt for the Roundup Concentrate settlement?

No. The claim form accepted either proof of purchase or a sworn statement under penalty of perjury describing the purchases.

Does the Roundup Concentrate settlement affect Roundup cancer claims?

No. The settlement released only claims about the "makes up to" gallon labeling and product amount. It did not release personal injury claims, so people with cancer claims tied to Roundup were not affected.

How many people filed Roundup Concentrate settlement claims?

The administrator validated 70,360 claims worth $10,732,832, according to the Eighth Circuit. That was about a 13% claims rate measured against $164 million in covered retail sales.

Sources.

Statutes, court rules, appellate opinions, and bar publications we relied on. See our editorial standards.

  1. 1.Official settlement website (archived 2019), RoundupConcentrateSettlement.com
  2. 2.Official settlement important dates (archived 2018)
  3. 3.Official settlement FAQ (archived 2018)
  4. 4.Rawa v. Migliaccio, 934 F.3d 862 (8th Cir. Aug. 20, 2019)
  5. 5.CourtListener: Joshua Rawa v. James Migliaccio (8th Cir. 2019)

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