Rep. Anna Paulina Luna Introduces Bipartisan Bill to Protect Americans from Poisonous Pesticides

Washington, D.C. — Congresswoman Anna Paulina Luna (FL-13), joined by co-lead Rep. Rosa DeLauro (CT-03) and original cosponsors Reps. Thomas Massie (KY-04) and Reps. Chellie Pingree (ME-01), today introduced the Americans vs. Poisonous Pesticides Act. This legislation would amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to preserve state failure-to-warn claims that are consistent with federal pesticide misbranding standards and prevent manufacturers from using EPA registration or label approval as a complete defense against those claims.

“The Supreme Court’s ruling created a loophole where EPA silence can be used to shield corporate silence,” said Congresswoman Luna. “Families harmed by dangerous products should not lose their right to justice simply because a federal agency failed to require a warning. Our bill protects Americans’ ability to have their claims heard and makes clear that EPA approval is not a license for pesticide manufacturers to conceal serious risks.”

Under the current FIFRA provisions, recent court decisions, including the Supreme Court’s ruling in Monsanto Co. v. Durnell, have allowed EPA approval of a pesticide label to block state failure-to-warn claims even when plaintiffs allege the label omitted serious health or environmental risks. The Americans vs. Poisonous Pesticides Act would ensure that EPA approval alone does not preempt those lawsuits when they are based on the same misbranding standards already established under FIFRA, preserving the ability of farmers, farmworkers, and consumers to hold pesticide manufacturers accountable for inadequate warnings.

“In Monsanto v. Durnell, the Supreme Court ruled that Monsanto/Bayer can’t be sued for omitting a warning even if their herbicides do cause cancer,” said Rep. Thomas Massie (R-KY). “Even if the legal reasoning of the court is sound, it’s a blatant travesty of justice. Congress and the President can fix this, and we absolutely should.”

Under the bill, EPA registration and label approval would remain evidence that a pesticide complies with federal law, but would no longer be conclusive or automatically prevent an individual from pursuing a state-law claim. State claims that enforce the same misbranding standards already established under FIFRA would be allowed to proceed, with a safeguard provision ensuring the bill only adds protections and cannot be used to reduce, restrict, or eliminate any right, lawsuit, or protection already available under state law.

“Glyphosate is dangerous – unlimited exposure can have fatal consequences, but corporate interests are lobbying to keep it on the shelves,”  said Rep. Rosa DeLauro (D-CT). “If the EPA will not do its job, Congress must act to protect Americans. The Supreme Court tied the hands of victims – establishing a liability shield and limiting states’ ability to enforce their own safety requirements. Giant corporations do not need a liability shield when their product harms individuals. They need accountability. Americans deserve protection. I am proud to partner with my colleagues in this bipartisan fight to protect the health of Americans, eliminate blanket liability protections, and improve labeling so people know how to handle these products safely.”

The bill would also provide a pathway for a pesticide manufacturer to amend its label when either the company or EPA obtains reliable information indicating that the product may be misbranded. Manufacturers would therefore be permitted to make the necessary change without waiting for prior EPA approval, while EPA would retain the authority to disapprove the amendment or take further action under federal law.

“The Supreme Court handed pesticide manufacturers a roadmap to escape accountability, even when they fail to warn people about serious health risks. That’s wrong. If a company learns its product may be harming people or the environment, it has a responsibility to say so, not hide behind a federal label approved years earlier,” said Congresswoman Chellie Pingree (D-Maine). “The Americans vs. Poisonous Pesticides Act restores a basic principle: corporations that put profits ahead of people’s health should be held accountable. No one should lose their right to seek justice because a chemical company found a legal loophole.”

Reliable information under the legislation includes a government report, an independent peer-reviewed study, company data, material uncovered through legal discovery, whistleblower disclosures, congressional or other oversight investigations, and pesticide incident reports.

The changes would apply to pending and future civil actions, including cases on remand or appeal, regardless of when the conduct giving rise to the claim occurred. This provision would ensure that Americans whose cases were affected by the Supreme Court’s ruling are not permanently denied their opportunity to seek justice.

View the full bill text here.

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Contact:

Office of Congresswoman Anna Paulina Luna

(202) 225-5961 | david.leatherwood@mail.house.gov

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