Georgia law shields pesticide makers from lawsuits

Georgia has become the second state to pass a law shielding pesticide manufacturers from certain types of lawsuits, specifically those alleging a failure to warn users about potential health risks.

The legislation, which was signed into law Friday by Republican Gov. Brian Kemp, aims to protect Bayer from lawsuits that claim its widely used weed killer, Roundup, is linked to cancer. It more broadly applies to any pesticide company that complies with federal labeling requirements.

Georgia joins North Dakota, which enacted such a law last month as Gov. Kelly Armstrong signed House Bill 1318. At least nine other states have considered similar legislation this year.

Germany-based Bayer inherited Roundup when it acquired Monsanto in 2018. The company has since been deluged with lawsuits that hold Roundup’s active ingredient, glyphosate, responsible for developing non-Hodgkin lymphoma. Though 181,000 claims were made, around 67,000 remain outstanding, though Bayer did not indicate how many of those are Georgia-specific.

The U.S. Environmental Protection Agency says Roundup is not likely carcinogenic when used as intended. Bayer still asserts the ingredient is safe but has phased it out of the residential version of Roundup. The agricultural formula continues to include glyphosate, although Bayer warned that ongoing legal costs could force its hand.

The Georgia law, which takes effect Jan. 1, won’t impact pending cases, such as a recent $2.1 billion jury verdict in favor of a Georgia man who attributed Roundup to his cancer.

The governor signed the law after receiving input from farmers and the agricultural community, spokesman Garrison Douglas told reporters.

Bayer has joined forces with industry groups in a national campaign to fight glyphosate lawsuits. Tactics include lobbying state and federal governments, appealing to the U.S. Supreme Court, and promoting glyphosate benefits on a variety of media.

The company argues that glyphosate plays a significant role in modern farming because it helps in weed management by reduced tillage, thereby reducing erosion and mitigating climate impacts. It also, for crops like corn, soybeans, and cotton, allows for the growing of genetically modified seeds that are resistant to glyphosate.