New Bills to Protect Glyphosate (and Other Chemicals)

If we asked a Magic 8 Ball about glyphosate and other farm chemicals, the response would probably be something like “Future is hazy, try again.” 

Between litigation trying to ban glyphosate, one of the most popular herbicides in the nation, and RFK Jr. (a staunch opponent of glyphosate and other chemicals) sitting on Trump’s team, it’s no wonder the future is a bit murky for these crop protection methods. But a new bill in Tennessee is trying to change all that.

Pesticide manufacturers and sellers rejoice: The new bill would not hold them liable for civil action related to the pesticide’s labeling. This includes “failure to warn” suits so long as the product had an EPA-approved label when it was sold. Nationally, Bayer has faced more than $10B in legal costs and more than 170K court cases regarding glyphosate. 

Bipartisan confusion: Democrats and Republicans aren’t aligned on the bill, but rather confused. Democrats said the bill’s sponsor (Sen. John Stevens, R-Huntingdon, Tenn.) was asked to carry the bill by Bayer and the Farm Bureau.

Democrats claim the bill will make it easier for companies to not be held liable for the products they produce and potential harm they could cause. Republicans say if a label is not on a product and someone is harmed, that person can still take their suit to court.

Tennessee isn’t the only state pushing similar legislation. Georgia’s governor is set to sign into law a bill that will better protect Bayer against glyphosate litigation. Bayer is hopeful other states will follow these leads. Florida, Idaho, and North Dakota have similar ideas in motion.

Don’t forget about Iowa: The state introduced Senate File 394 this year “to provide liability protection for pesticide manufacturers by reinforcing that federal labeling, as determined by the EPA, as the ultimate authority.”

Soundbite: “The EPA, backed by decades of global research, has not found a link between glyphosate and cancer, yet lawsuits continue to claim otherwise. If we don’t act, companies may be forced to stop selling these essential products, making us reliant on foreign alternatives.” — Dave Struthers, Iowa farmer

On the national stage, the Agricultural Labeling Uniformity Act’s goal is to reinforce that pesticide labeling decisions should only be under federal jurisdiction—aka states can’t impose their own requirements that contradict the EPA.