Hundreds gather outside SCOTUS to protest against pesticide rollbacks as the Court hears arguments in Roundup lawsuit

This week, the People v. Poison Rally was held outside of the US Supreme Court in Washington DC. PIRG staff attended and spoke to many of the hundreds who attended. The rally had a broad range of speakers, including Vani Hari (aka Food Babe), Zen Honeycutt of Moms Across America,  US Senator Cory Booker, US Rep Thomas Massie, and former Rep. Tim Ryan, as well as a litany of other parental advocates, organic farmers, and policy experts. What came through from all of the different speeches was clear; our government needs to put the health of the people over the priorities of pesticide manufacturers.

The Supreme Court heard arguments in a case that could unwind corporate accountability for pesticide companies

On April 27th, the Supreme Court heard oral arguments in Monsanto v. Durnell. In this case,  Bayer, the company which purchased Monsanto, is asking the Court to clarify whether federal pesticide laws, specifically FIFRA, preempt consumers from bringing lawsuits over harms caused by Monsanto’s glyphosate-based herbicide, Roundup. The Court is expected to release its opinion later this summer, where it will decide whether preemption prevents Americans from bringing label-based failure-to-warn claims against pesticide companies where the EPA has not required the company to include a warning on the label.

What is at stake in Monsanto v. Durnell? 

Glyphosate is the most commonly used pesticide in the United States, with nearly 300 million pounds of it sprayed across the country every year. Despite this widespread use, there are questions about the chemical’s safety, with scientific evidence linking glyphosate to serious health risks, like non-Hodgkin’s lymphoma, for several decades. 

In recent years, US courts have been asked to weigh in on glyphosate safety, as thousands of Americans have filed lawsuits against Bayer (formerly Monsanto) in state courts claiming that the chemical has made them sick.These lawsuits have played an important role in uncovering risks associated with widely used pesticides and ensuring companies provide adequate warnings to the public. Roundup litigation exposed corporate misconduct and undue influence, ultimately leading to the retraction of a widely cited glyphosate study earlier this year.

What happens next for glyphosate? 

The Supreme Court is expected to release their opinion later this summer, and we’ll have to wait for their decision. In the meantime, Congress is currently considering a Farm Bill that includes pesticide provisions that would undermine state and local toxic protections and create obstacles for consumers seeking accountability from pesticide companies when their products cause harm.

No matter the outcome of this case, we must make it clear to Congress that Americans do not support rollbacks of pesticide regulations or weakening corporate accountability. It would be unreasonable for us to live in a world where we are unable to hold pesticide companies accountable for making us sick. Congress retains the authority to amend the law, including FIFRA, and we retain the authority to advocate for better laws to protect ourselves and our families.