Stop the Shield (again!)
Pesticide Policy Whack-a-Mole
Our Stand: At-A-Glance
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UPDATE (August 2026): A new opportunity has emerged to protect Americans’ right to hold pesticide manufacturers accountable. Senator Cory Booker is expected to introduce an amendment to the Senate Farm Bill that would reverse the Supreme Court’s recent Monsanto v. Durnell decision, which expanded legal protections for pesticide manufacturers by limiting many state-law failure-to-warn lawsuits. This amendment would make clear that federal pesticide law does not prevent Americans from bringing state-law failure-to-warn claims, protecting both pending and future lawsuits.
What is the problem?
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For years, pesticide manufacturers have sought special legal protections that would make it harder for Americans to hold them accountable in court.
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The recent Supreme Court decision in Monsanto v. Durnell made that problem even worse by ruling that federal pesticide law can preempt many state-law failure-to-warn claims. As a result, people who believe they developed cancer or other serious illnesses after pesticide exposure may lose their ability to seek justice in state courts.
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No company should receive permanent legal protection simply because a federal agency approved its product label.
Why should we care?
- Nobody should get a special pass if their product causes harm.
- Whether it’s a car company, a pharmaceutical company, or a pesticide manufacturer, Americans should have the right to seek justice if they believe they were injured.
- The pesticide shield health advocates have been fighting in congressional bills, at SCOTUS, and in statehouses is even more odious than the vaccine liability shield because no other remedy has been proposed! Even though we can’t sue vaccine manufacturers, we can petition the federal government for compensation through “vaccine court.” Nothing like that has been proposed alongside giving pesticide makers a pass!
- This issue matters because:
- It protects your right to sue if you are harmed.
- It keeps companies accountable for the products they sell.
- It helps ensure transparency about potential risks.
- It prevents powerful corporations from getting special treatment under the law.
- It preserves states’ ability to protect their own citizens.
What is the solution?
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Congress should support Senator Booker’s amendment to the Senate Farm Bill. The amendment would clarify that federal pesticide law does not preempt state-law failure-to-warn claims, ensuring Americans can continue to bring lawsuits under state law when they believe a manufacturer failed to adequately warn about a product’s risks.
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Lawmakers should:
- Support the Booker Amendment.
- Protect Americans’ right to seek justice in state courts.
- Preserve state authority and local control.
- Keep pesticide manufacturers accountable for the products they sell.
- Reject special legal protections that place corporations above the people they serve.