Pesticide Shield Bill Faces Long Odds in Missouri Senate

Pesticide Shield Bill Faces Long Odds in Missouri Senate

Introduction

Legislation aimed at making it harder to sue pesticide manufacturers over cancer claims is facing a critical deadline, with an unusual coalition of opponents striving to stall its progress.

Critics argue that the bill protects large corporations at the expense of Missouri residents who have developed non-Hodgkin’s lymphoma, which they attribute to glyphosate-based pesticides like Roundup.

Supporters, including Roundup’s manufacturer Bayer, contend that the lawsuits are unfair because glyphosate has been deemed “unlikely” to cause cancer by environmental regulators. “The litigation process and inconsistent labeling requirements have cost the company billions, despite scientific consensus that glyphosate does not cause cancer,” said a Bayer attorney and former Missouri House speaker.

The bill has cleared the House and must pass the Senate by 6 p.m. Friday. However, the Senate has been mired in gridlock, currently held up by a multiday filibuster. This legislative battle sees powerful agricultural and business organizations clashing with trial attorneys, who have allied with the Missouri Freedom Caucus, a group of GOP lawmakers known for causing Senate disruptions.

“It’s an unusual alliance,” noted the president of the Missouri Association of Trial Attorneys, “but it’s crucial to recognize the importance of not limiting our rights.” Sponsored by Republican state Representative of Butler, the bill would shield Bayer from lawsuits by plaintiffs alleging the company failed to warn them that glyphosate might be carcinogenic. Bayer insists its product is safe, despite having paid billions to settle Roundup claims or fulfill jury awards.

The legislation stipulates that pesticides registered with the Environmental Protection Agency (EPA) and bearing an EPA-approved label regarding carcinogenic risks fulfill their duty to warn customers. This provision would protect Bayer from “failure to warn” lawsuits. Bayer argues, “Products that have undergone the full regulatory process and been deemed safe over about 50 years have met their obligation to warn of any associated dangers,” said the representative in a Senate committee hearing last month.

The outcome of this legislative effort hinges on the Senate's ability to overcome its current dysfunction and filibuster, with significant implications for both corporate liability and consumer protection in Missouri.