What a New North Dakota Law Could Mean for the Future of Roundup Lawsuits
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North Dakota has become the first state to pass a law that could shield the makers of Roundup from lawsuits involving the weed killer.
Governor Kelly Armstrong signed the bill on Thursday, providing enhanced legal protection for pesticide manufacturers as years-long litigation continues. Under the new law, North Dakota residents won’t be able to file a lawsuit in the state claiming that Bayer failed to warn of cancer risks.
Thousands of active Roundup lawsuits allege that the weed killer is tied to the development of non-Hodgkin lymphoma. Multiple plaintiffs have been awarded major verdicts in cases that have gone to trial over the last year.
But the new law could be a potential barrier to future lawsuits, especially if other states adopt similar versions.
How the North Dakota Law Impacts Roundup Lawsuits
Roundup litigation is based on claims that Monsanto, the company that made Roundup before being purchased by Bayer in 2018, failed to warn of a cancer risk tied to using the weed killer.
In 2015, the International Agency for Research on Cancer determined that Roundup’s main ingredient is “probably carcinogenic to humans.”
Lawsuits generally rely on state laws to make their claims since, at the federal level, the Environmental Protection Agency (EPA) maintains that Roundup is safe.
But North Dakota’s new law may take away that option. The law says that warning labels that meet EPA standards are sufficient within the state.
Since the EPA-approved Roundup label does not include a cancer warning, North Dakota residents can no longer claim that the manufacturers should have included a notice.
Bayer, which is pushing for similar legislation to be enacted across the country, has touted North Dakota’s law as a win for farmers. The company has previously said that it could consider halting sales of the popular weed killer due to the ongoing litigation.
“This new law is crucial for providing the tools North Dakota’s farmers rely on to produce America’s food supply,” Brian Naber, Bayer’s Crop Science North America & Australia/New Zealand Region president, said in a statement. “Without crop protection tools, America’s consumers could face higher costs to provide for their families and put food on the table.”
The law may remove legal avenues for many people who claim to have had their health negatively impacted by Roundup. At the start of April, there were more than 4,000 active Roundup cases in federal court, with many others pending in state court.
Similar Laws Could Be Passed in Other States
While North Dakota is the only state so far to pass a law shielding pesticide manufacturers from lawsuits, others could soon follow suit.
According to the Associated Press, this type of legislation has been introduced in at least 11 states. A similar bill is currently pending in Georgia, where, just last month, a man who blamed his cancer on Roundup was awarded more than $2 billion by a state jury.
However, not all states where these bills are pending have moved quickly to enact them. Earlier this month, a similar bill in Iowa appeared unlikely to move forward after the state’s House opted not to act on it after the state Senate advanced it.
In addition to supporting state legislation that could limit lawsuits, Bayer is also attempting to end the litigation through the U.S. Supreme Court. The company announced earlier this month that it had filed a petition for the court to weigh in on a Roundup case.