CONGRESS

As cancer cases rise, Congress stings Bayer with liability setback

4d ago · May 9, 2026 · 3 min read

House Votes to Strip Pesticide Liability Protections from Farm Bill, Dealing Bayer a Setback

Why It Matters

The vote carries significant implications for New Jersey, where Bayer maintains its U.S. headquarters in Whippany and Morristown. The outcome determines whether states retain the authority to impose their own pesticide regulations — and whether plaintiffs can continue pursuing legal claims against companies like Bayer over herbicide exposure linked to cancer.

The farm bill’s pesticide provisions had drawn intense scrutiny as Congress works through a backlog of major legislation this session, with competing interests from agricultural, legal, and public health communities shaping the debate.

What Happened

The House voted 280–142 to adopt an amendment stripping liability-shield language from the pending farm bill. The original bill, drafted by Republican committee authors, included provisions that would have prevented states from enacting their own pesticide and herbicide regulations — effectively limiting the legal exposure of companies whose products face ongoing litigation.

The amendment was written by Rep. Anna Paulina Luna, a Florida Republican. It passed with broad bipartisan support. Every member of New Jersey’s congressional delegation voted in favor, with the exception of Rep. Tom Kean of the 7th District, who has been absent from Congress due to an undisclosed health matter.

Rep. Chellie Pingree, a House Democrat, argued during floor debate that the original language would have given pesticide manufacturers precisely the legal protection they had spent heavily to secure. “If this language is not removed,” Pingree said, “we will have handed companies like Bayer exactly what they have spent millions of dollars and lobbying power on: legal immunity.”

The farm bill must still clear the Senate before it can be sent to the president for signature.

Bayer’s Response

Bayer pushed back on the House’s decision. Nicole Hayes, a company spokeswoman, said in a statement that removing the provision undermines American farmers and risks creating a fragmented regulatory environment. “The removal of this language could result in a patchwork of regulations creating ambiguity — at a time where clarity is needed most,” Hayes said.

The company argues that federal pesticide law, specifically the Federal Insecticide, Fungicide, and Rodenticide Act, already supersedes state-level labeling requirements. Company lawyers have pointed to statutory language stating that states may not impose labeling or packaging requirements beyond those required under federal law. “Companies should not be punished under state law for complying with federal label requirements,” Hayes added.

By the Numbers

    • 280–142: House vote to remove liability-shielding language from the farm bill
    • $9.19 million: Bayer’s lobbying expenditures in 2025, a 9% increase from the prior year, according to OpenSecrets
    • $7.25 billion: Settlement Bayer reached in February to resolve lawsuits alleging that Roundup causes non-Hodgkin’s lymphoma
    • million: Bayer’s donation to the inauguration of President Donald Trump and Vice President JD Vance
    • 2015: Year World Health Organization researchers classified glyphosate, Roundup’s active ingredient, as “probably carcinogenic to humans”

Zoom Out

Bayer acquired Monsanto in 2018, inheriting tens of thousands of lawsuits tied to glyphosate exposure. The company has pursued multiple legislative and legal avenues to limit that liability, including lobbying on appropriations bills and pressing its case before the U.S. Supreme Court, which heard oral arguments on the federal preemption question in late April. The Justice Department argued in support of Bayer’s position before the Court.

A favorable ruling from the Supreme Court could independently shield Bayer from billions of dollars in future settlements, regardless of what Congress ultimately does with the farm bill. Meanwhile, President Trump signed an executive order in February directing an increase in domestic glyphosate production volume.

Sen. Cory Booker of New Jersey filed a brief in the Supreme Court case supporting states’ authority to enforce their own pesticide regulations, arguing it reflects a deliberate policy judgment aimed at protecting public health.

What’s Next

The farm bill now moves to the Senate, where the liability provisions will again be subject to negotiation. A Supreme Court ruling — expected before the Court’s term concludes — could significantly alter the legal landscape for pesticide manufacturers even if congressional action stalls. Members dealing with health or other absences may also factor into close procedural votes as the legislation advances.

Last updated: May 9, 2026 at 11:32 AM GMT+0000 · Sources available
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