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Iowa Senate approves bill protecting pesticide makers from legal action

Around 200 Iowans have filed their own lawsuits against pesticide companies, citing that their products caused them to develop cancer.

DES MOINES, Iowa — A piece of legislation that would shield pesticide manufacturers from civil lawsuits, despite the health risks associated with the products, was given the Iowa Senate's stamp of approval Tuesday.

Senate File 2412 states that so long as any pesticide is approved by the U.S Environmental Protection Agency, which must bear a federally-approved safety warning label, it has given sufficient warning of the potential health risks.

Certain chemicals used by farmers and landowners across Iowa, like Roundup and Paraquat, have been found to increase the risk of developing health problems, according to Andrew Mertens with the Iowa Association for Justice.

"Study after study has already demonstrated that these chemical products will increase your risk of developing either cancer or Parkinson’s,” Mertens told Local 5.

According to the Iowa Cancer Consortium, there is a link "between certain agricultural practices and pesticide use, and cancer" for agricultural workers. 

The International Agency for Research on Cancer came to the same conclusion back in 2015, classifying glyphosate as “probably carcinogenic to humans."

Bayer, the parent company of Roundup, has spent more than $10 billion to settle lawsuits claiming their product causes cancer, per the Associated Press. Around 200 Iowans have filed their own lawsuits against the company, citing that the product caused them to develop cancer.

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On the debate floor Tuesday, Sen. Jeff Edler, R-Marshall County, argued those lawsuits have inflated the prices of these products, further impacting Iowa farmers. 

"We're dealing with billions of dollars of lawsuits against the farm industry," Edler said. "The reality is, that money is coming out of farmers' pockets."

Senate Democratic Whip Nate Boulton, D-Polk County, disagreed. 

"We have seen time and time again, corporate greed wins with these companies .... this body is now considering legislation to protect those companies," Boulton said. "This is madness."

Senate President Amy Sinclair, R-Wayne County, argued that the bill simply "prevents a company, any company who manufactures these chemicals, it prevents them from being sued for following the law."

If the bill were to be signed into law by Gov. Kim Reynolds, pending lawsuits from Iowans against pesticide companies would still be up for court consideration. But Mertens says it would be much more difficult, as Iowans would have limited legal options.

"The reality is, no state has ever passed legislation like this for chemical companies," he said. "What the legislature is saying if they put this bill into law is that Iowa farmers are worth zero."

In a statement to Local 5, Bayer said their company “supports the legislation alongside dozens of other agricultural organizations. . . money invested in litigation costs could otherwise be invested into research and development.”

The bill will now head to the House, while a similar bill, HSB 737, is also eligible for debate in the House.

Similar legislation was recently proposed in Idaho, Missouri and Florida. Legislators in Idaho and Florida both struck down those related bills, while in Missouri, the bill is still up for consideration.

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