Chemical giant Bayer is lobbying Congress so it can shield itself from lawsuits alleging its popular weed killer, Roundup, causes cancer.
Following similar efforts in Missouri, Idaho and Iowa earlier this year, Bayer now wants lawmakers to include language in the upcoming farm bill that would limit future litigation. Key to Bayer’s request is establishing federal uniformity on pesticide labeling, preventing states from adding their own warnings.
Additionally, the company seeks protection from liability if labels comply with existing Environmental Protection Agency (EPA) approvals.
“Some of the litigation industry folks will say, ‘Well, why don’t you just label, warn that it could cause cancer?’” said Jess Christiansen, Bayer’s head of crop science and sustainability communications told NPR.
“Because it doesn’t. And that would go against the process of how we warn.”
Bayer, which acquired Monsanto in 2016, maintains that its glyphosate products do not cause cancer. However, the World Health Organization has classified glyphosate as a probable human carcinogen. Additionally, a 2019 study linked glyphosate to a significant increase – 41% – in the risk of developing this cancer.
The House Committee on Agriculture recently approved the farm bill draft, which contained language similar to the proposals seen earlier in the state efforts. The state-level bills aimed to make the existing EPA labels on Roundup into a sufficient warning for consumers, effectively limiting future lawsuits against the product.
The inclusion of similar language in the federal farm bill suggests a broad attempt to shield Roundup from litigation. The Washington Post reports that the proposed legislation was drafted with input from Bayer.
Roundup Defense Verdict Upheld in Philadelphia Court
A Philadelphia judge upheld the first-ever Roundup lawsuit from the city which ruled in favor of Roundup. This ruling in the Kline v. Nouryon case could have wider implications for ongoing litigation against Monsanto, the maker of Roundup.
Judge Ann Butchart rejected the challenges from the plaintiffs regarding key evidence, which could become a new strategy for the company in future lawsuits. Three out of four cases in Philadelphia ended with substantial verdicts that total $3.75 billion.
Earlier this year, a Pennsylvania man won a hefty verdict of $2.25 billion against Bayer for his cancer allegedly caused by the herbicide. This followed settlements in five other cases in 2023.
Thousands of people have filed Roundup lawsuits, claiming Roundup causes various cancers, including non-Hodgkin lymphoma. They say the company should have known of the risks and failed to properly warn consumers. As of July 1, there are over 4,300 lawsuits pending in multidistrict litigation in California.
With ongoing lawsuits and high-profile verdicts, the controversy surrounding Roundup shows no signs of abating. Lawyers are still taking cases in the Roundup litigation.
