Weedkiller-maker seeks law that protects it from lawsuits
DES MOINES, Iowa — Stung by paying billions of dollars for settlements and trials, chemical giant Bayer has been lobbying lawmakers in three states to pass bills providing it a legal shield from lawsuits that claim its popular weedkiller Roundup causes cancer.
Nearly identical bills introduced in Idaho, Iowa and Missouri this year — with wording supplied by Bayer — would protect pesticide companies from claims they failed to warn that their product causes cancer, if their labels otherwise complied with the U.S. Environmental Protection Agency’s regulations.
But legal experts warn the legislation could have broader consequences: extending to any product liability claim or, in Iowa’s case, providing immunity from lawsuits of any kind, perhaps nationwide.
“It’s just not good government to give a company immunity for things that they’re not telling their consumers,” said Matt Clement, a Jefferson City, Missouri, attorney who represents people suing Bayer. “If they’re successful in getting this passed in Missouri, I think they’ll be trying to do this all over the country.”
Bayer described the legislation as one strategy to address the “headwinds” it faces. About 167,000 legal claims against Bayer assert Roundup causes a cancer, non-Hodgkin’s lymphoma, which Bayer disputes. The company has won some cases, settled many others but also has suffered several losses in which juries awarded huge initial judgments. It has paid about $10 billion while thousands of claims linger in court.
Though some studies associate Roundup’s key ingredient with cancer, the EPA has regularly concluded it is not likely to be carcinogenic to humans when used as directed.
The costs of “defending a safe, approved product” are unsustainable, said Jess Christiansen, head of communications for Bayer’s crop science division.
The legislation was introduced in targeted states pivotal to Bayer’s Roundup operations and is at a different stage in each. It passed the Iowa Senate, is awaiting debate in the Missouri House and was defeated in Idaho, where this year’s legislative session ended.
Farmers rely on Roundup, which was introduced 50 years ago as a more efficient way to control weeds and reduce tilling and soil erosion. For crops like corn, soybeans and cotton, it’s designed to work with genetically modified seeds that resist Roundup’s deadly effect.
Missouri state Rep. Dane Diehl, a farmer who worked with Bayer to sponsor the legislation, cited concerns that lawsuits could force Bayer to pull Roundup from the U.S. market, leaving farmers to depend on alternatives from China.
“This product, ultimately, is a tool that we need,” said Diehl, a Republican.
Iowa Gov. Kim Reynolds, a Republican, said in an email the legislation maintains the integrity of the regulatory process and, without it, “Iowa risks losing hundreds of jobs” in Muscatine, an eastern Iowa city where Roundup is mostly produced.
Roundup’s key ingredient, glyphosate, is derived from phosphate mined in Idaho. And St. Louis is the headquarters of its North America crop science division. Because of that, many of the lawsuits are filed in Missouri.
Led by Bayer, a coalition of agricultural organizations called Modern Ag Alliance also is spending tens of thousands of dollars on radio and print advertisements claiming that trial lawyers and litigation threaten the availability of glyphosate.
At issue in the lawsuits and legislation is how Bayer — and any other pesticide company — communicates with consumers about the safety of its products.
Companies are required to register products with the EPA, which evaluates — and then reevaluates every 15 years — a pesticide and its label. The EPA reiterated in 2020 that glyphosate used as directed posed no health risks to humans. But a federal appeals court panel in 2022 ruled that decision “was not supported by substantial evidence” and ordered the EPA to review further.