Georgia has become the second state to pass legislation protecting pesticide manufacturers, including Bayer, from lawsuits alleging that they failed to warn consumers about potential health risks. The law, signed by Governor Brian Kemp on Friday, shields companies like Bayer from claims related to its widely used weed killer, Roundup, which has faced lawsuits claiming its main ingredient, glyphosate, causes cancer. The new law applies to any pesticide manufacturer that follows federal labeling requirements.
North Dakota was the first state to pass a similar law last month, and similar measures are being considered in at least nine other states this year.
Bayer, which acquired Roundup through its 2018 purchase of Monsanto, has faced thousands of lawsuits claiming glyphosate causes non-Hodgkin lymphoma. While some studies have linked glyphosate to cancer, the U.S. Environmental Protection Agency (EPA) has stated that it is unlikely to be carcinogenic when used as directed. Bayer maintains that glyphosate is safe, but it has ceased using it in residential versions of Roundup and set aside $16 billion to settle lawsuits. The company continues to use glyphosate in its agricultural Roundup, but it has warned it might need to stop if legal costs continue to rise.
The new Georgia law will go into effect on January 1, but it will not affect existing cases, such as the $2.1 billion award a Georgia jury gave to a man who claimed Roundup caused his cancer.
Bayer has joined forces with agricultural industry groups to advocate for similar laws across the country. The company has also sought intervention from the U.S. Supreme Court and launched a broad media campaign to promote the benefits of glyphosate in farming. Glyphosate has been used for decades to control weeds while reducing soil erosion, and it is critical for crops like corn, soybeans, and cotton, which are designed to withstand its effects. Bayer argues that without glyphosate, weed control would become more difficult, crop yields could fall, and food prices could rise.
The new Georgia law is seen as a victory for the agricultural industry, with Bayer’s North America Crop Science President, Brian Naber, stating that it reflects the state’s support for farmers.