Republicans in the Iowa Senate advanced a bill Wednesday that would limit lawsuits by Iowans seeking compensation for pesticide-related illnesses.
The bill would prohibit lawsuits alleging pesticide manufacturers failed to warn consumers of health risks, as long as the manufacturer follows federal labeling requirements.
Bayer, the chemical company that makes Roundup, proposed the bill to prevent lawsuits by people alleging their cancer was caused by exposure to the commonly used weed killer. This is the second year the bill is moving through the Iowa Legislature. Last year, it passed in the Senate but not in the House.
On Wednesday, representatives of several agricultural groups — and the Iowa Department of Agriculture and Land Stewardship — packed into a crowded subcommittee hearing to support the bill. They said Bayer should not be sued for following federal labeling regulations, and that the tens of thousands of lawsuits targeting Roundup could jeopardize farmers’ access to it.
Environmental groups, trial lawyers and other opponents said the bill would cut off the only viable way for farmers and landscapers with pesticide-related illness to seek justice.
A simple labeling fix or legal immunity for pesticide makers?
The U.S. Environmental Protection Agency does not require a cancer warning label on Roundup, which has been the subject of more than 100,000 lawsuits by farmers and landscapers accusing the manufacturer of failing to warn them about cancer risks.
Bayer lobbyist Brad Epperly said that puts the company “in a catch-22 situation.”
“Either I follow the federal law as was required of me and subject myself to state law causes of action for failure to warn, or I violate the label, in which case I can’t sell it and I’m probably subject to all kinds of federal fines and penalties,” he said.
Epperly said the bill is a simple solution, and it would leave many other legal avenues open for people alleging they were injured by pesticides to sue manufacturers.
But Andrew Mertens, executive director of the Iowa Association for Justice, said the bill effectively gives complete immunity to the companies because “failure to warn” claims are the basis of pesticide-related illness lawsuits.
He said Iowa plaintiffs make up less than 1% of the Roundup lawsuits Bayer is facing around the world.
“And what this bill does, is it would change nothing for these corporations… but it changes everything for the farmers and ag workers who are getting sick from these chemicals,” Mertens said. “What it says is that their lives are worth zero, and that’s exactly what your bill does.”
Supporters and opponents disagree on link between Roundup and cancer
The EPA has concluded glyphosate, the main active ingredient in Roundup, is not likely to cause cancer in humans. The International Agency for Research on Cancer concluded that glyphosate is probably carcinogenic to humans. A federal appeals court ordered the EPA in 2022 to reevaluate whether glyphosate causes cancer, but that review has not yet been released.
The bill wouldn’t just apply to Roundup — it would apply to all pesticides with an EPA-approved label.
Prominent Iowa oncologist Richard Deming said, while more research needs to be done to specifically determine cause and effect, there is a clear association between ag chemicals and cancer.
“We need to be aware of that, and we need to have public policy that helps mitigate the use,” he said. “There are many benefits from ag chemicals, but not surprisingly, there’s some risks, as well.”
But Pottawattamie County farmer Kevin Ross said Roundup is safe and effective, and the bill is needed to “rein in meritless lawsuits.”
“We cannot sit idly by while families and farmers are stuck paying for the actions of misguided trial lawyers,” he said. “Iowa’s economy relies on its agriculture, and it is of utmost importance that the Legislature works to preserve farmers’ access to American-made glyphosate, so that Iowa’s ag industry, economy and families can continue to thrive.”
Aaron Lehman, president of the Iowa Farmers Union, said he understands farmers rely on safe, effective herbicides. But he said the group opposes the bill because even EPA-approved chemicals are sometimes proven to cause damage.
“Farmers should have access to the steps of the courthouse, just like anyone else, to protect their health when it comes to pesticide injury,” he said.
Many supporters of the bill emphasized that not passing it could somehow jeopardize the production of Roundup at a plant in Muscatine, even though Roundup is still a very popular product.
“We want to protect our companies that are coming to Iowa who follow federal law,” said Casey Nickel, lobbyist for the Iowa Chamber Alliance. “If we fail to pass this bill, there is a risk that future economic development projects won’t come to Iowa because they might be subject to lawsuits for following federal law.”
Similar bills have been introduced in at least seven other states, but no state has passed the legislation into law.
Republican senators advance the bill
Sen. Mike Bousselot, R-Ankeny, and Sen. Tom Shipley, R-Nodaway, voted to advance the bill to the Senate Judiciary Committee.
Bousselot said under the bill, Iowans could still seek compensation for their illness if they can definitively prove that a pesticide caused it.
“It says, if you follow federal law and you label it the right way, then you can’t sue for using the wrong label,” he said. “Now that’s common sense.”
Sen. Tony Bisignano, D-Des Moines, called the bill a disgrace. He said lawmakers should be sticking up for Iowans who are facing high cancer rates, not the corporate lobby.
“And if a label says that it doesn’t cause cancer today, but in 20 years, like asbestos, we find out it’s horrific — you have already, by this bill, cut off the avenue for those people to seek their justice,” he said.
Food & Water Watch is planning a protest against the bill on Feb. 10 at the Iowa Capitol.
Copyright 2025 Iowa Public Radio News
