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Iowa lawmakers again look at law to shield pesticide companies from warning label lawsuits
Cancer center director: ‘There's a clear association between the chemicals and cancer’
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DES MOINES — Agriculture chemical companies would be protected from lawsuits over warning labeling on their products under legislation being considered by Iowa lawmakers.
Bayer, the company that owns glyphosate-based herbicide Roundup, which is used by farmers across the state, is supporting Senate Study Bill 1051. The company has faced around 167,000 lawsuits from individuals claiming the company failed to warn them about the health risks of their products. These lawsuits have cost Bayer billions of dollars in litigation expenses.
Bayer purchased Monsanto, the company that created Roundup, in 2018. Roundup is primarily produced in Muscatine, and Bayer has multiple crop science plants across Iowa.
The Iowa Senate passed a similar bill in 2024, but it was halted after the House didn’t take it up.
The bill would shield Bayer from lawsuits claiming the company failed to warn consumers of health risks if the product label complies with federal labeling requirements. Bayer argues that since the Environmental Protection Agency has determined glyphosate is not carcinogenic — does not cause cancer — the company should not be required to put cancer warnings on Roundup.
Although the EPA has cleared glyphosate of posing cancer risks, Reuters reported that a federal district court requested the agency review that decision in 2022. The International Agency for Research on Cancer determined it is "probably carcinogenic to humans."
Meeting draws comments from Bayer lobbyist, cancer center doctor
At a meeting of the Iowa Senate Judiciary Subcommittee Wednesday, agriculture lobbyists, farmers and health care professionals piled into a cramped room to voice their opinions on the bill.
Brad Epperly, a lobbyist representing Bayer, argued the bill wouldn’t bar individuals from bringing lawsuits, including causes of action like negligence, effective product design, express warranties, implied warranties, fraud and misrepresentation. Manufacturers are caught in a catch-22 of either following federal law and opening themselves up to potential state level legal actions for failing to warn consumers, or violating the label laws, being unable to sell and opening themselves up to federal penalties, he said.
Dr. Richard Deming, director of MercyOne Cancer Center in Des Moines, said while there are multiple causes of cancer, pesticides are contributing to the state’s climbing rates of the disease. Deming pointed to a study that showed pesticides are nearly as carcinogenic as cigarettes and can cause various forms of cancer, including leukemia, lymphoma, bladder cancer, colon cancer and lung cancer.
“There's a clear association between the chemicals and cancer. It's one of the modifiable risk factors, and we need to be aware of that, and we need to have public policy that helps mitigate the use,” Deming said. “There are many benefits from ag chemicals, but not surprisingly, there's some risks as well.”
Iowa has the fastest-growing rate of new cancers and ranks second-highest in cancer rates compared to other states, according to the Iowa Cancer Registry.
Joel Nelson, representing the Iowa Agribusiness Association, pushed back on assertions that glyphosate causes cancer, pointing to the EPA’s clearance of the chemical from a health warning label.
“The EPA has reviewed this product numerous times through independent studies of their own, also studies that are provided by the manufacturers as well,” Nelson said. “These products have been thoroughly tested.”
Kevin Ross, a farmer from southwest Iowa, said glyphosate is essential to his farm’s success and he’s concerned lawsuits like those against Bayer could limit access to it.
“Glyphosate is an essential tool used on farms across the state to protect crops and ensure that farmers are able to turn a profit,” Ross said. “Our businesses already operate on razor-thin margins. With 2025 looking to be another tight year, losing access to American-made glyphosate would be detrimental to the future of Iowa farming.”
Aaron Lehman, representing the Iowa Farmer’s Union, said while many farmers rely on glyphosate, they should have the opportunity to seek legal action if their health is harmed by the chemical. He added the bill would make it more difficult for them to do that.
“Chemical companies should not be allowed to hide behind a label, and they should be held accountable when their products cause damage,” Lehman said. “This bill would take away Iowa's ability to seek relief and when they discover an injury or an illness from a product that was labeled safe but was proven in court that they cause damage.”
Republican lawmaker: ‘you can still sue’
Rep. Tony Bisignano, D-Des Moines, expressed concern over the bill, arguing that it takes away the ability for Iowans to sue over potential health risks of the product as cancer rates in the state continue to rise.
“We should be sticking up for Iowans, that's who put us here, not Bayer, not the corporate lobby,” Bisignano said. “This is about people. This is about people who work hard, who do it by the book, who try to do everything right. And all this says is, if it goes bad, if it is discovered that you have your opportunity to seek redress, and you're going to cut that access off to Iowans. Why? Why is Iowa going to be the guinea pig?”
Senate Judiciary Subcommittee Chair Mike Bousselot, R-Ankeny, said claims about the bill barring people from suing agriculture chemical companies are false, adding there is no definitive link to glyphosate causing cancer.
“It does not cut off an ability to sue,” Bousselot said. “What it does say is it says, if you follow federal law and you label it the right way, then you can't sue for using the wrong label.
“What we've heard is that there is probable, there's likely, but causation has not been proven, but if it does get proven, you can still sue for strict liability, negligence, fraud, misrepresentation, breach of warranty,” Bousselot said. “Avenues still exist to sue, and that is the important part."
The three-member subcommittee advance the bill forward, with Bisignano declining to sign on.
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