JEFFERSON CITY 鈥 Bayer pleaded with Missouri lawmakers Thursday to pass legislation critics say would shield the company from lawsuits claiming its glyphosate-based herbicide Roundup causes cancer.
Representatives for Bayer argue the legislation would clarify labeling requirements and prevent courts from creating a patchwork of obligations for the manufacturer.
But environmental groups and attorneys for Roundup users who have become ill say the legislation would insulate the company from accountability and prevent sick customers from suing the company. They urged legislators not to protect Bayer over their constituents.
Bayer, which has its U.S. headquarters in Creve Coeur, is the only domestic producer of glyphosate, which is commonly used by farmers to control weeds. In recent years, it has faced thousands of lawsuits from users claiming the product causes non-Hodgkin鈥檚 lymphoma. The company has settled cases or been ordered to pay out billions of dollars associated with the cases.
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Those litigation costs, the company says, are 鈥渦ntenable鈥 for a product it argues is safe.
鈥淐ontinuing to lose billions of dollars on an approved product based on scientifically unsound claims is unsustainable,鈥 Liza Lockwood, medical affairs lead for Bayer, testified Thursday before the Missouri Senate agriculture committee.
Lockwood, along with farm and industry groups, urged senators to pass legislation that would declare the company satisfies its duty to warn customers as long as its pesticides are registered with the U.S. Environmental Protection Agency and carry an approved label consistent with the EPA鈥檚 opinion on the ingredients鈥 safety.
While Bayer claims the legislation wouldn鈥檛 preclude users from suing, attorneys for plaintiffs say that the Roundup lawsuits are predominantly 鈥渇ailure to warn鈥 cases, which accuse the company of not telling customers of the possible risks associated with the product.
The legislation, they say, would insulate Bayer from those cases.
Matt Clement, an attorney based in Jefferson City, told the Senate committee Thursday that the legislation would ensure Bayer doesn鈥檛 have to warn customers or be held accountable by anyone harmed by it.
鈥淩espectfully, what they鈥檙e asking you to do is give them immunity,鈥 Clement said.
Farm groups backed Bayer鈥檚 request in the committee hearing, saying Roundup is critical to agriculture and losing the product would be devastating for Missouri farmers.
The legislation received a mixed response from lawmakers on the committee. The bill鈥檚 sponsor, Republican state Sen. Justin Brown of Rolla, said 鈥渁 company should not be required to warn consumers of something that no regulatory body around the globe has found to be true.鈥
But the bill drew pointed questions from state Sen. Barbara Washington, a Democrat from Kansas City.
鈥淎re all the courts and the farmers and the people that have died and have the sicknesses 鈥 is that not from Roundup or is that just something they made up?鈥 Washington asked Lockwood.
Lockwood said the science indicates glyphosate is safe for humans.
Washington replied: 鈥淪o the money that you all have paid out, you just paid it out of the goodness of your heart?鈥
Bayer and supporters of the legislation are at odds with environmental groups and plaintiffs鈥 attorneys over the true risk associated with glyphosate.
The Environmental Protection Agency determined the product is 鈥渦nlikely to be a human carcinogen,鈥 but later withdrew that finding and restarted its review.
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BAYER'S BARGAIN: Two years after Bayer paid $62 billion to buy Monsanto, it looks like the German company overpaid. David Nicklaus and Jim Gallagher say the German company apparently didn't realize that U.S. juries would side with farm workers in suits over Roundup herbicide, which Bayer recently agreed to pay $11 billion to settle.