H.R. 10144: Pesticide Harm Accountability Act

This bill would change federal pesticide law so that state-law lawsuits about pesticide warnings and labels would be harder to block by federal preemption rules.

What it would change

• It adds language to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) saying that federal “misbranding” rules should not be read to stop a warning that is required by a state court under state tort law.
• It also says FIFRA’s rule about national uniformity in pesticide labeling should not be read to prevent or limit state tort claims involving pesticide labeling or packaging.

Practical effect

In plain terms, the bill would make it clearer that people who say they were harmed by a pesticide can still bring state-court claims based on failure-to-warn or similar labeling and packaging issues, even if the pesticide was approved under federal law. It is intended to reduce the ability of manufacturers to argue that federal pesticide law automatically blocks those state claims.

Agency reporting

The bill would require the Environmental Protection Agency, within 180 days after enactment, to send Congress a report listing any EPA regulation, guidance, or interpretation that limits state tort claims about pesticide labeling or packaging, and to describe any steps the agency has taken to bring those materials into line with the amended law.

Other provisions

The bill includes a severability clause, meaning that if one part is struck down in court, the rest of the law would remain in effect.

Relevant Companies

• BAYRY — Bayer’s crop science business could be affected because the bill would make it easier for plaintiffs to bring state-law claims over pesticide warnings and labels, including claims involving products associated with Monsanto.
• CTVA — Corteva sells agricultural chemicals and pesticides and could face greater exposure to warning-label and packaging litigation if state tort claims are less likely to be preempted.
• SMG — Scotts Miracle-Gro sells consumer lawn and garden pesticide products and could be affected by changes in liability exposure related to product labeling and warnings.