Bill could provide some liability protection to farm chemical manufacturers
February 8th, 2024 by Ric Hanson
(Radio Iowa) – A bill that’s cleared initial review in the Iowa House could make it harder for Iowans diagnosed with cancer to argue in a lawsuit that the disease is linked to the weed killer known by the brand name Roundup. Craig Mischo is director of government affairs for Bayer, the company that makes Roundup. He testified at the Iowa Capitol yesterday (Wednesday).
“Roundup and its active ingredient glyphosate have been subject to litigation and significant media attention over the past several years,” Mischo told lawmakers. Brad Epperly, a lobbyist for Bayer, says the bill provides some liability protection to Bayer by saying the company has fulfilled its duty to warn consumers about Roundup if the warning label meets federal guidelines.
“We’ve got a product. We spent millions of dollars developing it. It spent probably, you know, a decade going through regulatory trials before it was approved. We’ve complied with the requirements for what we’re supposed to label on it, advise, etc. (regarding) the usage of the product,” Epperly said. “We should be able to rely upon that.” Other lawyers told legislators the bill would also provide liability protection to a Chinese-owned company that makes Paraquat, a farm chemical that’s been linked to Parkinson’s disease.
Brian Marty, a West Des Moines lawyer, represents clients who’ve been exposed to Paraquat and to Roundup, which Marty says has been linked to non-Hodgkin Lymphoma. “These are primarily farmers and ag workers who used these products consistent with their labeling and consistent with custom usage of these products that they thought were safe,” Marty said, “and, especially in the Parkinson’s context with Paraquat, are now faced with essentially a death sentence.”
One of the Republicans who voted to clear the bill through a House subcommittee says it needs significant changes. Representative Megan Jones, a lawyer from Sioux Rapids, says she has zero interest in protecting the Chinese government. “I am going to very hesitantly and very begrudingly sign off on the bill today, but it is going to have to be amended…because it is too big of a beast,” Jones said. Representative Megan Srinivas, a Democrat from Des Moines who’s a doctor, voted against the bill. She says there are medical studies showing a correlation between certain ingredients in farm chemicals and some ailments.
“I’m very concerned that we are ignoring the evidence in front of us just because of word games and are going to be putting Iowa’s farmers at risk with passing such a broad bill,” Srinivas said.
Another member of the subcommittee who is a farmer said the bill has some merit and the conversation about it will continue in the legislature.