This legislative session has seen a notable trend in agriculture policy, with at least nine states introducing bills aimed at limiting the liability of pesticide companies in injury and product liability lawsuits. This push, which began last year, has gained significant momentum in 2025, with several states coming close to passing such legislation. However, as the end of the legislative session approaches, the fate of these bills remains uncertain.
The rise in pesticide injury lawsuits over the past decade has been stark. Plaintiffs have alleged that exposure to various pesticides, including glyphosate, paraquat, and chlorpyrifos, has caused them to develop illnesses or injuries. Central to many of these lawsuits is the claim that pesticide manufacturers failed to warn consumers about potential health risks. This “failure to warn” argument has become a cornerstone of pesticide injury litigation, with plaintiffs arguing that manufacturers did not adequately inform users about the dangers of their products.
Pesticide manufacturers, however, have countered these claims by pointing to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This federal law requires all pesticides to bear a federally-approved label, which includes a human health risk assessment and carcinogenicity classification conducted by the Environmental Protection Agency (EPA). Manufacturers argue that adding warnings beyond what the EPA requires would violate FIFRA, as the law prohibits states from altering federally approved labels.
In response to these legal battles, some states are considering legislation that would limit the liability of pesticide manufacturers. These bills aim to protect companies from failure to warn lawsuits, provided that their products bear federally approved labels consistent with the most recent EPA evaluations. The legislation typically includes an exception for cases where the EPA determines that a manufacturer knowingly withheld or misrepresented information about health risks.
In Florida, HB 129 has been amended to limit failure to warn claims for pesticides with EPA-approved labels. The bill is currently before the Housing, Agriculture & Tourism Subcommittee, with the legislative session set to adjourn on May 2. In Georgia, SB 144 has passed both legislative chambers and is awaiting the governor’s signature. If signed, it would make Georgia the first state to enact such a law, effective January 1, 2026. Iowa’s SF 394, similar to bills in other states, has passed the Senate and is now in the House Judiciary Committee, with the session ending on May 2. Meanwhile, bills in Mississippi died in early February, but could be reintroduced in the future. Missouri’s HB 544, identical to a 2024 bill, is also under consideration.
The implications of these bills are significant. If passed, they could shield pesticide manufacturers from a substantial number of lawsuits, potentially reducing the financial burden of litigation. However, critics argue that such legislation could also limit the ability of individuals to seek compensation for alleged injuries caused by pesticide exposure. As the legislative session draws to a close, the agricultural industry and the public alike will be watching closely to see which, if any, of these bills cross the finish line.