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Missouri committee hears hours of testimony on bill that would limit lawsuits over pesticide labels

2159224 · January 28, 2025
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Summary

The Missouri House Agriculture Committee held a hearing on House Bill 544 on testimony that split along industry and trial-law lines, with advocates saying the measure would give farmers and manufacturers regulatory certainty and opponents saying it would bar many products-liability claims.

The Missouri House Agriculture Committee held a hearing on House Bill 544 on testimony that split along industry and trial-law lines, with advocates saying the measure would give farmers and manufacturers regulatory certainty and opponents saying it would bar many products-liability claims. Committee members heard roughly three hours of testimony before adjourning without taking a vote.

Supporters told the committee the bill would align liability standards with federal pesticide labeling and reduce inconsistent trial-court rulings. Jacob Knable, representing the Missouri Corn Growers Association, said, "We'd like to go on the record in support of House Bill 5 44," and argued that crop-protection products "have enabled American farmers to compete on a global scale, producing more bushels on less and less acreage." Several other trade groups and industry coalitions—including the Missouri Chamber of Commerce and Industry, Associated Industries of Missouri, the Modern Ag Alliance and a coalition of about 90 partners—also testified in favor.

Opponents, including Missouri Association of Trial Attorneys past-president Amy Gunn and the Missouri Coalition for the Environment, said the bill would remove a key legal avenue for people who believe they were harmed. Gunn recounted a client who used Roundup for decades and later developed non-Hodgkin's lymphoma, and said, "This bill takes away that debate because this bill creates immunity from even having that discussion going forward." Melissa Vaterat of the Missouri Coalition for the Environment told the committee, "The bill is not about banning a chemical. This is about product liability and corporate accountability. This bill will not ban glyphosate or any other agrochemical."

Testimony and questions from committee members focused on how the bill would affect the three common product-liability theories in Missouri—failure to warn, design defect and manufacturing defect—and whether the bill would foreclose failure-to-warn claims. Amy Gunn, describing the likely effects in her view, said failure-to-warn immunity in the bill "would be no access to court or to recompense" for those plaintiffs. Committee members pressed witnesses about the scientific evidence cited by both sides, including the International Agency for Research on Cancer (IARC) classification in 2015 and differing findings or reviews by the Environmental Protection Agency. Catherine Hannaway, who said she represents clients including Bayer through the law firm Husch Blackwell, told the committee, "This bill does not create immunity for anyone. What it does ... is that it puts the power back in your hands as lawmakers and takes it out of trial judges' hands." She also told members that, in her view, inconsistent trial-court evidentiary rulings help explain differing verdicts in prior cases: "The last, the last 22 trials, 15 have been won, and they have all turned on the decision of what evidence the judge let get before the jury."

Several witnesses emphasized that the bill, as drafted, would not name a single chemical but would apply broadly to pesticides and herbicides that are labeled and approved under federal rules; witnesses said that would extend to products from both domestic and foreign manufacturers. Opponents warned that this breadth would shield multiple manufacturers from failure-to-warn claims; supporters responded that the regulatory process and federal labeling remain avenues for public input and that state-level consistency is desirable for farming operations.

No motion or committee vote on House Bill 544 was recorded at the end of the hearing. The committee chair closed the hearing, saying, "That will conclude the hearing on House Bill 5 44," and adjourned the Agriculture Committee session.

The hearing record includes a mix of trade groups, agricultural organizations and labor witnesses supporting the bill and trial attorneys and environmental advocates opposing it. Committee members asked questions about legal theory, causation standards, the role of federal agencies and the practical consequences for plaintiffs and manufacturers; witnesses recommended that members weigh whether the bill would shift decision-making from juries and trial courts to the Legislature and administrative processes.

The committee did not vote at the hearing; any future action would require the bill to be scheduled for further committee consideration or a committee vote in accordance with House rules.