This past week had two developments around Bayer’s campaign to reframe how regulations around pesticides are interpreted and applied by the court system. Earlier this spring, Bayer leadership confirmed it’s engaging in the multifront approach to limit its legal liabilities as the only domestic manufacturer of glyphosate.
To-date Bayer has paid more than $10 billion to plaintiffs in litigation claiming Roundup as the cause of their cancer.
Bill Anderson became CEO in 2023, and one of his commitments was to get the glyphosate litigation “under control” by 2026.
Two “wins” for the company have come in the past several days.
Supreme Court Brief
On May 9, 10 agricultural groups filed a brief encouraging the U.S. Supreme Court to hear a case regarding glyphosate (and other pesticide) labeling.
In the coming weeks, the Supreme Court will decide on whether it’ll hear the case, with the key question being whether manufacturers of pesticides are liable under state law for “failure to warn” of alleged cancer or other health risks when federal regulators have evaluated the product’s safety and determined its uses are safe.
Groups named supporting the submission of the brief: American Farm Bureau Federation, American Soybean Association, American Sugarbeet Growers Association, International Fresh Produce Association, National Association of Wheat Growers, National Corn Growers Association, National Cotton Council, National Sorghum Producers, North American Blueberry Council, and Western Growers.
Second State Signs Law Reinforcing EPA’s Authority
In late April, North Dakota was the first state to have legislation signed into law reasserting federally approved pesticide labels are the law and companies can not be subject to litigation when those laws are followed.
Georgia becomes the second state to sign into law a bill that reinforces the authority of EPA’s science-based rulings that crop protection products are safe when used as directed.
Georgia Governor Brian Kemp has signed SB 144, which is a bill that has gone through the state’s legislature to re-affirm the authority of EPA and its scientific rulings on the safety of crop protection products.
“This is a major victory for Georgia’s top industry: agriculture,” said Will Bentley, president of the Georgia Agribusiness Council. “By reinforcing science-based regulations for crop protection products, this law provides Georgia’s farmers and agribusiness with the certainty they need to remain competitive and contribute to a strong food and fiber supply chain. We appreciate Governor Kemp and the Georgia Legislature for prioritizing policies that benefit Georgia farmers, agribusinesses and consumers alike.”
Starting last year, Bayer has worked at the state level with legislators to introduce legislation to put a focus around pesticide labels and liability. This year, the company expanded its efforts to 10 states.
“The signing of SB 144 by Governor Kemp demonstrates that Georgia stands with its farmers, who work tirelessly to produce safe and affordable food for communities throughout the state. We thank Governor Kemp and the legislators, farmers and ag groups that supported this important piece of legislation,” said Brian Naber, president, Crop Science North America & Australia/New Zealand Region. “At Bayer, we are committed to developing agricultural innovations that help farmers thrive. This is important not only for Georgia’s farmers and American agriculture, but also the everyday American worried about the cost of groceries, which could increase if these vital tools went away. We hope states around the country considering similar legislation will also support farmers and the tools critical to their success.”
Bayer officials have said the courts will continue to interpret the laws, but they are optimistic the state laws will bring greater legal certainty around claims about the warning label.
