Des Moines, Iowa — Shocked by having to pay out billions of dollars for settlements and trials, chemical titan Bayer has been pushing lawmakers in three states to approve bills that would grant it legal protection from lawsuits alleging that its popular herbicide Roundup causes cancer.
Almost identical bills have been introduced in Iowa, Missouri, and Idaho this year - all with language provided by Bayer - that would shield pesticide companies from claims that they did not warn about the cancer-causing properties of their product, as long as their labels met the regulations set by the U.S. Environmental Protection Agency.
However, legal experts caution that the legislation could have wider implications, potentially extending to any product liability lawsuit or, in the case of Iowa, granting immunity from all types of lawsuits. Critics fear that this could set a precedent that spreads across the nation.
"It's simply not good governance to grant a company immunity for things they are not disclosing to their consumers," said Matt Clement, a lawyer from Jefferson City, Missouri, who represents individuals suing Bayer. "If they succeed in passing this in Missouri, I believe they will attempt to do the same nationwide."
Bayer described the legislation as one strategy to address the "headwinds" it faces. About 167,000 legal claims against Bayer assert Roundup causes a cancer called non-Hodgkin's lymphoma, which Bayer disputes. The company has won some cases, settled many others but also has suffered several losses in which juries awarded huge initial judgments. It has paid about $10 billion while thousands of claims linger in court.
Though some studies associate Roundup's key ingredient with cancer, the EPA has regularly concluded it is not likely to be carcinogenic to humans.
The costs of "defending a safe, approved product" are unsustainable, said Jess Christiansen, head of communications for Bayer's crop science division.
The legislation was introduced in targeted states pivotal to Bayer's Roundup operations and is at a different stage in each. It passed the Iowa Senate, is awaiting debate in the Missouri House and was defeated in Idaho, where this year's legislative session ended.
Farmers overwhelmingly rely on Roundup, which was introduced 50 years ago as a more efficient way to control weeds and reduce tilling and soil erosion. For crops like corn, soybeans and cotton, it's designed to work with genetically modified seeds that resist Roundup's deadly effect.
Missouri state Rep. Dane Diehl, a farmer who worked with Bayer to sponsor the legislation, cited concerns that costly lawsuits could force Bayer to pull Roundup from the U.S. market, leaving farmers to depend on alternative chemicals from China.
"This product, ultimately, is a tool that we need," said Diehl, a Republican.
Prospect of jobs losses being floated
Iowa Gov. Kim Reynolds, a Republican, said in an email the legislation maintains the integrity of the regulatory process and, without it, "Iowa risks losing hundreds of jobs" in Muscatine, an eastern Iowa city where Roundup is mostly produced.
The Associated Press is seeking public records on Bayer's communications with Reynolds' office.
Bayer, like other companies, hires lobbyists in states to advocate for its interests. The company backs this legislation in the states where "we have a big, direct economic impact," Christiansen said.
Roundup's key ingredient, glyphosate, is derived from phosphate mined in Idaho. And St. Louis is the headquarters of its North America crop science division, acquired in its 2018 purchase of Monsanto. Because of that, many of the lawsuits are filed in Missouri.
The five lobbyists registered for Bayer in Iowa and three in Idaho is largely consistent with recent years, but the number working in Missouri this year ballooned from four to nine. Lobbyist expenditures exceeded $8,000 in Idaho this year; similar information was not available in Iowa or Missouri.
Led by Bayer, a coalition of agricultural organizations called Modern Ag Alliance also is spending tens of thousands of dollars on radio and print advertisements claiming that trial lawyers and litigation threaten the availability of glyphosate.
On its website, the group asserts that at risk are 500 jobs connected to glyphosate production in Iowa and 800 jobs in Idaho.
Bayer refrained from making any threats of closures. The Iowa facilities, including the one in Muscatine, "are extremely important facilities for our business, so we will continue to provide some level of support," Christiansen stated.
Essence of the issue
The core of the lawsuits and legislation revolves around how Bayer - and any other pesticide company - communicates with consumers regarding the safety of their products.
Companies are mandated to register products with the EPA, which assesses - and then reevaluates every 15 years - a pesticide and its label. In 2020, the EPA restated that glyphosate used as instructed does not pose any health risks to humans. Nevertheless, a federal appeals court panel in 2022 deemed that decision "lacked substantial evidence" and instructed the EPA to conduct a further review.
Controversy Surrounds Iowa Legislation on Product Liability
A recent Iowa legislation regarding product liability has sparked debate among experts and critics. While Bayer, a major player in the industry, stresses the importance of adhering to EPA labeling guidelines to avoid misinformation, skeptics are concerned about potential repercussions.
Many critics draw parallels to past cases where seemingly safe products like opioids and asbestos turned out to be harmful. Andrew Mertens from the Iowa Association for Justice pointed out that the legislation could hinder product liability claims, which often rely on companies' failure to warn consumers.
Legal expert Jonathan Cardi of Wake Forest University School of Law expressed worries about the legislation's broad language, suggesting it could prevent any legal action from being taken. Despite Bayer's assurances that the law wouldn't impede existing lawsuits, concerns remain about its impact on future claims.
The bill faced opposition in Idaho, where the Senate rejected it due to fears of limiting individuals' ability to seek legal recourse and relying solely on federal safety standards. The debate continues as states grapple with balancing consumer protection and corporate interests.
Farmer in Iowa Calls Out Republicans for Hypocrisy
John Gilbert, a farmer in Iowa Falls, Iowa, who practices limited use of Roundup, criticized Republicans for prioritizing corporate interests over the well-being of Iowans. Gilbert called their actions hypocritical, especially after they campaigned on a platform of supporting the people of Iowa.
As a board member of the Iowa Farmers Union, Gilbert expressed concern about the implications of the bill, stating that it "invites a lot of reckless disregard." He emphasized that no amount of masking can hide the true nature of the legislation, likening it to a skunk that cannot be disguised.
