Judge Lets Ex-NFL Player Merril Hoge's Roundup Case Move Forward on Design-Defect Claims

Published October 12, 2026

Former NFL running back and broadcaster Merril Hoge can keep pursuing part of his Roundup cancer lawsuit against Monsanto, a federal judge in Idaho has ruled. U.S. District Judge David Nye threw out Hoge's failure-to-warn claim but allowed his negligence and design-defect claims to continue, according to a Capital Press report published October 7, 2026.

The case

Hoge, who lives in Pocatello, Idaho, sued Monsanto in 2019. He alleges that years of spraying Roundup caused his non-Hodgkin lymphoma. Monsanto, now owned by Bayer, denies that Roundup causes cancer.

What the judge decided

After the U.S. Supreme Court ruled earlier this year that federal pesticide law blocks state-law claims that Roundup's label needed a cancer warning (see our coverage of that decision), Monsanto asked Judge Nye to dismiss Hoge's entire case as preempted. The judge granted part of that request and denied the rest:

• Failure to warn — dismissed. Even though the claim was not framed around the product label itself, the judge viewed it as closely tied to labeling and declined to risk a conflict with the Supreme Court's ruling.
• Negligence — survives. The judge found the claim is not entirely preempted, because Hoge can point to conduct by Monsanto beyond what the label said.
• Design defect — survives. Hoge argues the Roundup formula itself was defective and should not have been sold. The judge said the facts on that question are disputed and must be decided by a jury.

Why it matters

Failure-to-warn claims were the backbone of most Roundup lawsuits before the Supreme Court's decision. Rulings like this one suggest that at least some courts will let design-defect and negligence theories go forward instead. The same question is being tested in front of a jury right now in the St. Louis trial that opened in late September, and it matters for anyone who is not covered by Bayer's proposed $7.25 billion class settlement, which is still awaiting a judge's decision.

One federal trial judge's ruling does not bind other courts, and Monsanto may continue to argue that design-defect claims are effectively foreclosed. No trial date for Hoge's case was reported.

If you or a family member were diagnosed with non-Hodgkin lymphoma after regular Roundup exposure, see Atumio's Roundup case page for a free eligibility review, or start your case review directly.