Ohio advocates push back after pesticide immunity plan dropped

By Farah Siddiqi

A proposal which would have limited people’s ability to sue chemical companies for failing to disclose health risks has been stripped from a federal spending bill funding the Environmental Protection Agency.

The provision came after years of large jury settlements tied to the weedkiller Roundup, as chemical manufacturers including Bayer push for legal protections. Consumer advocates said the change is especially significant for agricultural states like Ohio, where pesticide exposure is widespread.

Jay Feldman, executive director of the advocacy group Beyond Pesticides, said companies should be held accountable when people are harmed.

"This is a basic tenet in our society," Feldman asserted. "The industry is really trying to take advantage of the fact that the authority of federal agencies that are mandated to protect public health and safety are being weakened."

The provision, which opponents dubbed the "Cancer Gag Act," was removed by Democrats during House Appropriations Committee hearings. While Ohio has not enacted a bill limiting people’s ability to sue pesticide makers, advocacy groups warn similar language could be introduced during the 2026 state legislative session. Chemical manufacturers already have registered lobbyists in Ohio pressing for changes to liability law. Bayer maintains its products are safe when used as directed.

Measures known as “failure-to-warn” bills, which limit lawsuits against pesticide manufacturers, are expected to resurface in several state legislatures this year. While none have passed in Ohio, similar proposals backed by chemical industry groups were introduced nationwide and defeated in at least 10 states last year.

Feldman noted companies are simultaneously pushing to weaken regulations while pointing to those same systems as proof the public is protected.

"Here’s a chemical industry that has sought to dismantle regulatory programs," Feldman observed. "Then they point to those very programs as the protection that the public should feel comfortable with as protecting their health and their environment."

Feldman warned although the language was removed from the EPA funding bill, it could still be attached to other legislation moving through Congress, including a revised Farm Bill. The current Farm Bill expires in September.