A provision denying people the right to sue chemical companies for nondisclosure of potential health hazards has been removed from a federal measure to fund the Environmental Protection Agency.
After years of large jury settlements regarding the common weed killer Roundup, chemical giants like Bayer have been lobbying for protection from what they call “scientifically-unsound lawsuits.”
Jay Feldman, executive director of the advocacy group Beyond Pesticides, said companies should be held accountable when consumers are harmed.
"This is a basic tenet in our society," Feldman contended. "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 refer to as a "cancer gag," was removed by Democrats during budget hearings in the House Appropriations Committee. Opponents claim it would have prevented states such as Utah and others from restricting the harmful, cancer-causing chemicals. Bayer claims its pesticides are safe.
Measures known as “failure-to-warn bills,” which limit citizens’ ability to seek compensation for harm caused by pesticides, are expected in several state legislatures this year, including Utah. Similar bills in 10 states were defeated in 2025.
Feldman said chemical companies are working to weaken both federal and state regulations, while also claiming the regulations adequately protect the public.
"Here’s a chemical industry that has sought to dismantle regulatory programs," Feldman said. "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 added while the provision was removed from the federal funding bill, it could be attached to any legislation moving through Congress, including a revised Farm Bill. The current version expires in September.