The biotech company Bayer is lobbying Congress to pass legislation that could protect it from thousands of lawsuits alleging that its weed-killing product, Roundup, causes cancer.
A draft of the upcoming farm bill includes language that would make it harder for farmers and others to argue in court that they were not sufficiently warned of the potential dangers associated with prolonged use of the weed killer’s main ingredient, glyphosate.
The provision – which was drafted by lawmakers with the help of Bayer, according to the Washington Post – seeks to create uniformity on national pesticide labeling and to prevent individual states from making their own warnings. It would also stop courts from penalizing or holding companies like Bayer liable if their products only include labels that were previously approved by the Environmental Protection Agency.
Jess Christiansen, the head of crop science and sustainability communications for Bayer, said the company is seeking that protection because Roundup has gone through adequate testing by the Environmental Protection Agency and has been proven safe.
“Some of the litigation industry folks will say, ‘Well, why don't you just label, warn that it could cause cancer?’” said Christiansen. “Because it doesn't. And that would go against the process of how we warn.”
The language inside the farm bill draft, which was recently approved by the House Committee on Agriculture, comes after similar efforts were made earlier this year in Missouri, Iowa, and Idaho. State lawmakers in those states introduced bills that would have made the EPA-approved labels on Roundup a sufficient warning for consumers, thereby preventing some future litigation.
The company also spearheaded the “Control Weeds Not Farming” campaign through the Modern Ag Alliance, a coalition of more than 75 agriculture groups, to promote the passage of the bills in each legislature. However, the bills failed to pass during their respective legislative sessions.
Now, opponents like the Missouri Coalition for the Environment say they’re frustrated with Bayer’s continued attempt to shape legislation – this time at the federal level.
“It is evident that Missourians and our state legislators don’t believe that this type of immunity from litigation for agricultural chemical manufacturers should be given,” said Melissa Vatterott, the policy director for the organization.
Meanwhile, supporters of the legislation have countered that Roundup is a necessity for farmers throughout the Midwest and the country. Many, including members of the Iowa Soybean Association, fear that the number of costly lawsuits that Bayer is facing could jeopardize the future of Roundup and, eventually, their own farming operations.
“I think farmers are incredibly frustrated by this and they do feel under attack. Because they are, admittedly, one of the biggest users of this product,” said Matt Herman, the chief officer for demand and advocacy at the Iowa Soybean Association.
“Sixty percent of Iowa soybean farmers are using this, so that’s millions of acres. So they really need to ensure that this tool stays in their toolbox and they can continue to use this.”Matt Herman, Iowa Soybean Association
The ISA, which is part of the coalition that previously supported the Modern Ag Alliance’s campaign, said that Iowan farmers are especially feeling the pressure. Many are trying to meet industry demands, while practicing environmentally-friendly techniques. The use of Roundup allows farmers to reduce tillage and plant cover crops before killing them off with glyphosate, which in turn holds the soil and nutrients, according to Herman.
“Sixty percent of Iowa soybean farmers are using this, so that’s millions of acres,” said Herman. “So they really need to ensure that this tool stays in their toolbox and they can continue to use this.”
While Bayer maintains that Roundup is safe, advocacy groups opposed to its lobbying efforts say the company should just update its packaging across the country to warn users of the potential for developing illnesses like non-Hodgkin's lymphoma.
“But they are refusing to acknowledge that the product is dangerous,” said Vatterott. “And so when people are getting sick, they are suing. And to think that the company wants to have legislators basically carve out an exception for them, out of standard product liability law, is frustrating.”
Currently, the federal government does not consider glyphosate to be a carcinogen, but officials with the World Health Organization have previously classified it as “probably carcinogenic to humans.” Over the years, Bayer has been pushing to protect itself from the lawsuits brought on after the 2018 purchase of Monsanto, the St. Louis, Missouri-based maker of Roundup.
Many of the plaintiffs have alleged that they developed illnesses like non-Hodgkin's lymphoma as a direct result of long-term exposure to glyphosate. In 2020, Bayer agreed to a settlement of more than $10 billion to resolve thousands of claims without any admission of wrongdoing.
Some attorneys argue that the legislation could have far-reaching effects in the years to come. Matthew Clement is a Missouri attorney with more than 200 clients who are alleging to have gotten sick from the use of Roundup. He said it's possible that if the legislation passes in Congress, consumers who develop cancer and other illnesses in the future could be “left with no remedy.”
“They’re just going to have to live with what happened to them, with no compensation from the companies that hid information from them,” said Clement, an attorney at Clement, Van Ronzelen & Schulte in Jefferson City, Missouri.
The current farm bill expires Sept. 30, and the House has yet to vote on the proposed version.
Christiansen, the spokeswoman with Bayer, said the company will continue to work with lawmakers regarding labeling of Roundup.
This story was produced in partnership with Harvest Public Media, a collaboration of public media newsrooms in the Midwest. It reports on food systems, agriculture and rural issues.
