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North Dakota the first state to enact ‘failure to warn’ law

North Dakota is the first state to say federally approved pesticide labels are the law.

Brigit Rollins with the National Agricultural Law Center says it’s a strong statement as pesticide injury lawsuits continue against manufacturers for failing to warn about the health risks associated with using products.

“That label alone is a sufficient defense against failure to warn claims.”

She says pesticide injury lawsuits have been ongoing for at least a decade, focusing on herbicides like glyphosate and insecticides like chlorpyrifos.

Last week, North Dakota Governor Kelly Armstrong signed House Bill 1318 into law. It goes into effect in August. North Dakota farmer, state representative and bill sponsor Jared Hagert tells Brownfield farmers have been concerned.

“Are we going to have all of the tools in our toolbox that we need in the future?”

The Georgia Legislature passed a similar bill earlier this year, but it’s still waiting on the governor’s signature to make it law.

Missouri is also considering similar legislation, currently awaiting Missouri Senate action. And in the final weeks of the state session, State Senator Jason Bean says it’s unclear if the bill can cross the finish line.

“This bill is definitely one of our largest priorities to get done, but it does concern me with the time we have left and the headwinds we’re facing.”

Opponents of the legislation in Missouri say citizens should be able to use the democratic, legislative and legal processes available to them to hold manufacturers accountable.

Other states considering similar legislation include Iowa, Florida, Mississippi, Oklahoma, Tennessee and Wyoming.

Rollins says any new laws will likely be tested in the future. And she says there could also be a federal solution included in a new farm bill or the U.S. Supreme Court could take up the matter.

“Bayer has petitioned SCOTUS to review what is now a circuit split between the third circuit on one side and the ninth and eleventh circuits on the other side. Essentially, looking at a judicial solution to what Bayer sees as this issue of manufacturer liability where there’s been litigation should the Federal Insecticide, Fungicide and Rodenticide Act pre-empt failure to warn claims in court.”

She says SCOTUS previously declined a request from Bayer to take up the issue, but the circuit court split could change SCOTUS’ decision.