Updated to reflect legislative status as of May 15, 2025.

These bills have appeared in twelve states during the 2025 session that would give pesticide companies immunity from lawsuits, even if their product causes harm and it can be shown that the company’s deception led to an inaccurate use label.  Bayer and the Modern Ag Alliance are working hard to push these lawsuit immunity bills to remove the few tools citizens have to hold pesticide companies accountable.

The link between pesticides and cancer

As a small-scale, diversified farmer and a cancer survivor, I find myself in an interesting situation. Often, the nicest days for me to do farmwork happen to coincide with pesticide applications of a wide range of agrochemicals on crops around my farm. While I don’t apply pesticides on our farm, it is likely that my exposure levels to these dangerous chemicals is higher than most people.

Do I spend time wondering if my cancer is a result of that exposure? Of course I do.

Can I prove that link? Well, perhaps someday we could show a strong link between my cancer and pesticides. But it is unlikely that I will ever have the evidence to successfully bring a case to court that would convince anyone that a specific product made me ill.

This is why I am amazed that there have been successful cases, like Lee Johnson’s, that have shown certain formulations of RoundUp caused non-Hodgkin’s lymphoma. A successful claim must show that the product label was false or misleading, lacked adequate warnings, or failed to provide necessary instructions to protect health and the environment AND that this “misbranding” caused the claimants harm.

Pesticide companies are seeking a “License to deceive”

But the key component that led to findings against pesticide companies is that it was their intentional deception that led to the misbranding on pesticide use labels. Yes, you heard me right. The pivot point that leads to pesticide companies losing lawsuits is their deliberate efforts to deceive the EPA, and us, regarding the risks their products present.

After acquiring Monsanto in 2018, Bayer found itself facing nearly 100,000 individual lawsuits and was eventually ordered to pay up to $10.9 billion to settle lawsuits that alleged RoundUp caused cancer. One key finding was that the surfactants (non-active ingredients) were guilty of causing illness. Through the litigative process, it was discovered that Monsanto knew of the problem and even changed the formulation in the European Union, but they failed to make the change in the United States.

In short, Monsanto knew the product could harm people, but they withheld that information from the EPA and the public — while NOT doing anything to correct the issue.

Bayer and their stockholders are now regretting the decision to purchase Monsanto. But they are not standing still. They are leading a group titled the Modern Ag Alliance in an effort to pass bills in many states that would grant lawsuit immunity to pesticide companies.

These state bills grant chemical companies total immunity from federal misbranding violations, stripping farmers and families of their right to hold pesticide companies accountable for deception. This is part of a coordinated effort to enact federal immunity legislation giving pesticide companies complete immunity nationwide.

PAN is working to stop these bills

But there is good news too! Organizations like PAN, Beyond Pesticides, American Association for Justice, and others are working together to track these efforts and build strategies where you can join us to fight against the Modern Ag Alliance game plan.

Together, with your help, we have defeated bills that would have granted lawsuit immunity to pesticide companies in Missouri, Montana, Wyoming, Mississippi, Oklahoma, Iowa, Idaho, Tennessee, and Florida! We are still fighting in North Carolina where Lawsuit Immunity language was added to the state’s Farm Bill. We will also continue to fight in the two states that have passed this dangerous legislation into law: North Dakota and Georgia. We are prepared to do what we must to keep pesticide companies accountable to the people when they deliberately mislead or cover-up pesticide use risks.

I am hopeful that you, like me, are motivated to halt progress of the Modern Ag Alliance agenda.

Actions you can take to stop lawsuit immunity for pesticide companies

Go to PAN’s action center and take action if we have a current action form for your state. We will continue to update actions as situations change so there may not always be an action related to this issue that is live. Our software identifies your Senators and Representatives by using your address. We have provided a letter on the issue with important talking points. However, you should feel free to edit that letter – especially the introduction – to personalize the content so that it is more likely to be read and considered by your legislators.

If you know individuals in these states, please share links to these actions with them and encourage them to participate. We also highly encourage individuals to make phone calls, send physical letters via the US Postal Service, and even visit your state capitol if you are able to do so.

Finally, Beyond Pesticides is maintaining a state bill tracker, which includes their letter templates for each state.

PAN will continue to monitor this issue and is committed to ensuring that individuals retain the right to hold pesticide companies accountable when their products cause harm.