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Congress Wants to Overturn This SCOTUS Ruling

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Earlier this year, the Supreme Court protected pesticide companies, ruling they are protected from liability even if they leave off a warning label. A new bipartisan bill hopes to change this and hold manufacturers accountable.

Rep. Anna Paulina Luna, R-Fla., joined a bipartisan group of members of Congress on Tuesday to introduce the Americans vs. Poisonous Pesticides Act. Luna has become one of the most active Make America Healthy Again members in the House and continues to take on pesticide companies.

“The Supreme Court’s ruling created a loophole where EPA silence can be used to shield corporate silence,” Luna said.

The Environmental Protection Agency is currently conducting a safety review of its previously approved pesticide, glyphosate, telling the Daily Signal it hopes to have the review completed by the end of the year. Until then, the agency is not pausing its approval of the label, and that approval is enough to act as a liability shield protecting the manufacturers.

Luna says an EPA-approved label shouldn’t protect companies from lawsuits.

“Families harmed by dangerous products should not lose their right to justice simply because a federal agency failed to require a warning. Our bill protects Americans’ ability to have their claims heard and makes clear that EPA approval is not a license for pesticide manufacturers to conceal serious risks,” she said.

Luna joined Rep. Rosa DeLauro, D-Conn., and original co-sponsors Reps. Thomas Massie, R-Ky., and Chellie Pingree, D-Maine, in introducing the bill.

“In Monsanto v. Durnell, the Supreme Court ruled that Monsanto/Bayer can’t be sued for omitting a warning even if their herbicides do cause cancer,” Massie said. “Even if the legal reasoning of the court is sound, it’s a blatant travesty of justice. Congress and the president can fix this, and we absolutely should.”

The bill does not seek to remove EPA registration or label approval; it would simply prevent EPA approval from automatically barring someone harmed by a pesticide from pursuing a state-law claim. The bill also allows manufacturers to act proactively. If a government report or study shows their product is harmful, they can update their product labeling without EPA approval.

“Giant corporations do not need a liability shield when their product harms individuals. They need accountability. Americans deserve protection,” DeLauro said.

“The Americans vs. Poisonous Pesticides Act restores a basic principle: Corporations that put profits ahead of people’s health should be held accountable. No one should lose their right to seek justice because a chemical company found a legal loophole,” Pingree said.

Luna and Pingree are also working together on legislation to end all legal use of another herbicide, paraquat. Like glyphosate, it is commonly used but has been linked to Parkinson’s disease Paraquat is produced in large quantities in China.

The EPA did not immediately respond to the Daily Signal’s request for comment.

Continue reading...

[ H/T The Daily Signal ]

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