Carey Gillam at The Guardian on how the pesticide industry is doing its darnedest to prevent lawsuits against itself.
—Erika
Cancer patients are celebrating a string of courtroom victories after juries in three US states recently ordered Germany’s Bayer to pay more than $500m in damages for failing to warn about the health risks of its Roundup herbicides. But the consumer wins come as proposed federal legislation backed by Bayer and the powerful agricultural industry could limit similar cases from ever going to trial in the future.
Dubbed the Agricultural Labeling Uniformity Act, the proposed measure would provide sweeping protections for pesticide companies and their products, pre-empting local governments from implementing restrictions on pesticide use and blocking many of the legal claims that have been plaguing Bayer, according to the American Association for Justice (AAJ) and other critics.
The measure, which was introduced over the summer, has been gaining traction as a potential amendment to the pending Farm Bill. More than 360 agricultural organizations are throwing their support behind the measure, which was introduced by US representatives Dusty Johnson and Jim Costa. Lobbying disclosure records show that Bayer and the industry-funded CropLife America have made passage of the measure a priority.
The new law is needed because pesticides are “paramount to growing our food and keeping communities safe”, according to CropLife.
“Farmers and consumers need to not only be able to trust the regulation of the products they use but trust that the government has made decisions based on agreed-upon and established science, facts and data.”
In response, on 27 October, more than 150 US lawmakers signed a letter to the leadership of the House committee on agriculture expressing “strong opposition” to the pre-emption measures, saying they would overturn “decades of precedent” and have a “significant impact” on public safety.
Local laws that could be in jeopardy include many that restrict pesticide use near schools, parks and playgrounds, and protect drinking water supplies and wildlife. Pre-emption of state and local authority would additionally “limit accountability for manufacturers who fail to adequately warn consumers about the hazards posed by certain high-risk pesticides”, the letter warns.
https://www.theguardian.com/environment/2023/nov/03/pesticide-regulation-cancer-bayer-roundup-law-legislation
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