By Sen. Martin Heinrich
WASHINGTON D.C. — U.S. Sens. Martin Heinrich, D-N.M., and Cory Booker, D-N.J., introduced the No Immunity for Glyphosate Act on April 29. The legislation aims to protect Americans’ health by ensuring manufactures of glyphosate — the active ingredient in the weedkiller Roundup — can be held liable under federal and state law should the chemical be proven to cause cancer. The bill overturns President Donald Trump’s executive order that promotes the production of glyphosate and insulates manufacturers of the chemical from liability.
“Juries across the country are looking at the evidence and delivering verdicts: Exposure to glyphosate can cause cancer,” Heinrich said. “The Supreme Court cannot and should not allow these verdicts to be overturned. My constituents’ health and safety comes first. And I will not stand by while President Trump gives immunity to those who put my constituents’ health and safety at risk.”
On Feb. 18, the Trump administration issued an executive order invoking the Defense Production Act to promote the production of glyphosate and provide liability protection to glyphosate manufacturers complying with the executive order. For years, Monsanto, which is now owned by Bayer, has also sought liability protections for glyphosate in state legislatures, Congress, and at the Supreme Court.
Glyphosate is the active ingredient in the weedkiller Roundup — a widely used herbicide developed by Monsanto. Roundup is primarily used in corn, soybean, and cotton production to control weeds, where 90% of those crops are genetically engineered to be resistant to glyphosate.
During the week of April 27, the Supreme Court heard arguments in Monsanto Company v. John L. Durnell, a case that seeks to overturn lower court verdicts that have held Monsanto liable for failing to adequately warn users of the potential cancer risks of glyphosate. The Supreme Court’s pending ruling will in no way limit the legislation’s effect once enacted.
Specifically, the No Immunity for Glyphosate Act:
Prohibits the use of federal funds to implement or enforce Trump’s glyphosate executive order.
Affirms that glyphosate manufacturers are not immune from civil liability. This will ensure that glyphosate manufacturers, distributors, and suppliers cannot claim immunity under the Defense Production Act, federal contractor defenses, or other federal authorities — while preserving Americans’ right to pursue claims under federal and state law.
The No Immunity for Glyphosate Act is led by Heinrich and Booker. U.S. Sens. Ed Markey, D-Mass., Jeff Merkley, D-Ore., and Peter Welch, D-Vt., joined the senators in introducing this bill. Companion legislation is led in the House by U.S. Reps. Thomas Massie, R-Ky., and Chellie Pingree, D-Maine.
The No Immunity for Glyphosate Act is endorsed by Farm Action Fund.
