New North Dakota Legislation Protects Bayer from Roundup Litigation

A new law in North Dakota is making headlines for its potential impact on Bayer, the agrochemical giant. This legislation could protect Bayer from lawsuits claiming that its well-known weedkiller, Roundup, does not adequately warn customers about cancer risks.

Although North Dakota is one of the least populated states in the U.S., Bayer sees this law as a stepping stone. The company hopes that if it succeeds in North Dakota, other states will follow suit. Bayer is currently facing a flood of lawsuits, with around 181,000 claims connected to Roundup, alleging that its main ingredient, glyphosate, causes non-Hodgkin lymphoma.

The law, set to take effect on August 1, states that a federally approved label on pesticides is enough to meet any state law requirements to inform customers. Bayer argues that glyphosate has been a safe and effective way to manage weeds for decades, especially for crops like corn, soybeans, and cotton. The company emphasizes that without such tools, food prices could rise, making it harder for families to afford groceries.

Bayer acquired Roundup through its purchase of Monsanto in 2018. Despite some studies linking glyphosate to cancer, the U.S. Environmental Protection Agency maintains that it is unlikely to cause cancer in humans when used correctly.

Bayer is not working alone; it has teamed up with various agricultural groups to support similar legislation in at least 11 other states. They believe that legal costs could lead to Bayer withdrawing Roundup from the market, which would negatively impact farmers who rely on it.

Critics of the law, like Sam Wagner from the Dakota Resource Council, argue that it sets a troubling precedent. They believe it will make it much harder for individuals to win cases against pesticide manufacturers in North Dakota. Jay Feldman, from the nonprofit Beyond Pesticides, warns that such laws could leave people without options for compensation if they suffer injuries or losses due to pesticides.

North Dakota Governor Kelly Armstrong signed the legislation but did not comment on it afterward. Meanwhile, a similar bill is awaiting action in Georgia, which could be the next state to adopt such protective measures for agrochemical companies.

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