Proposed federal legislation would prevent state and local governments from requiring chemical manufacturers to include health warnings on pesticide labels that are not consistent with language already used and required by the U.S. Environmental Protection Agency.
Known as The Farm, Food, and National Security Act of 2026, a draft of the proposed legislation was recently advanced by the House Agriculture Committee. If the act becomes law it could have a wide-ranging impact on issues such as the ongoing legal battle surrounding the herbicide Roundup and claims by thousands that the weedkiller caused them to get cancer.
Bayer, which acquired St. Louis-based Monsanto in 2018 and almost immediately became embroiled in thousands of lawsuits by those who say glyphosate, the active ingredient in Roundup, is responsible for their non-Hodgkin's lymphoma. With headquarters in Germany, Bayer has paid billions in settlements and is currently negotiating another round of payouts to settle more outstanding cases. The company also is the defendant in a case before the U.S. Supreme Court on whether the company had a duty to warn customers that glyphosate could cause cancer. SCOTUS is set to hear the case next month.
In Kansas, lawmakers there soon will vote on a bill that would prevent lawsuits against chemical manufacturers for not warning users that their products could cause cancer or other diseases.
Bayer acquired Monsanto — and Roundup — for $63 million in 2018. Since then, the company has paid more than $11 billion to settle approximately 100,000 claims. It is preparing to settle an additional 65,000 suits for $7.25 billion.
Glyphosate has been "linked" to cancer by the World Health Organization, a claim the EPA refutes. Bayer representatives have repeatedly said the weedkiller is safe in accordance with label directions. The U.S. Environmental Protection Agency conducted a regulatory review of Roundup in 2020 and concluded the herbicide is not a carcinogen.
The company announced in 2021 that it would discontinue sales of glyphosate-based Roundup in the consumer market in 2023, replacing glyphosate with a combination of other active ingredients, but it would continue to be available in the company's agricultural sector.