Bayer lobbies Congress to shield the company from legal action

The weed killer Roundup has been linked to cancer by some health and environmental experts. Because of this, the brand's parent company, Bayer, has seen its fair share of lawsuits holding Bayer liable for failing to disclose the product's dangers. Now, Bayer has turned to both state governments and Congress, lobbying for bills to shield the company from billions of dollars in lawsuits. 

Weed killers and legal woes

Bayer wants to stop being sued for claims that its weed killer Roundup causes cancer. Certain versions of the herbicide have glyphosate as its active ingredient, which some studies have found can lead to debilitating and deadly diseases including non-Hodgkin's lymphoma. Despite this, the Environmental Protection Agency does not consider the chemical a carcinogen. "Bayer has been pummeled with lawsuits, and between settlements and jury verdicts, it has been required to pay out more than $14 billion to plaintiffs," said The New Republic. With billions on the line, Bayer has opted to escalate the issue to the higher-ups. 

The company claims that the lawsuits are posing a significant threat to business. Bayer inherited a vast number of lawsuits once it purchased the agricultural giant Monsanto in 2018. "By its own count, Bayer said it has faced about 170,000 claims alleging that Roundup harmed agricultural workers exposed to the weed killer for long periods," said The Washington Post. "Roughly one-third of those claims are outstanding, and in some instances, juries have awarded sky-high monetary damages to plaintiffs." Many farms also still rely on glyphosate to fight weeds. Along with the agricultural need, the Modern Ag Alliance, led by Bayer, "asserts that at risk are 500 jobs connected to glyphosate production in Iowa and 800 jobs in Idaho," said The Associated Press.

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up

The bigger picture

Bayer has been lobbying to advance bills in Idaho, Iowa and Missouri that would "effectively immunize the company against allegations that its chemicals can cause cancer," said the Post. The repercussions of these laws could spread far beyond Bayer. For example, the Iowa bill's wording makes it "interpretable to mean nobody could bring any suit," Jonathan Cardi, a product liability and torts expert at Wake Forest University School of Law, said to the AP. In general, "it's just not good government to give a company immunity for things that they're not telling their consumers," Matt Clement, a Jefferson City, Missouri, attorney who represents plaintiffs suing Bayer, said to the AP. While the bill was shot down in Idaho, the bills in both Iowa and Missouri are still up in the air. 

Bayer is also targeting federal legislation to intervene. The company is specifically targeting the farm bill, which Congress adopts every five years to sustain federal agriculture and nutrition programs. "The approximately 1,000-page House version of the measure contains a single section — drafted with the aid of Bayer — that could halt some lawsuits against Roundup," said the Post. "Bayer helped craft that measure, then circulated it among lawmakers to rally support before later pushing the House to add it to the farm bill." The bill is set to be renewed in September. Those in favor of the measure claim that the provision could aid the agricultural supply chain and secure the country's food supply. Additionally, lobbyists have focused their attention on the Agricultural Labeling Uniformity Act, which "would limit state and local governments from issuing their own rules about pesticide safety warnings," and instead require they "follow the lead of the federal government on what to label and when," said the Post.

"We know that legislative solutions are not usually quick in coming, but we feel like it is the right thing to pursue," Bill Anderson, Bayer's chief executive, said in an investor call. Those opposed argue that the government blocking these lawsuits will allow the company to operate without fear of legal repercussions. "They've been losing, so they're coming to Congress with hat in hand trying to change the law," Daniel Savery, a senior legislative representative for the climate advocacy group Earthjustice, said about Bayer to the Post.