Cory Booker bill would protect Americans' right to sue pesticide makers for poisoning

New legislation introduced Thursday by Sen. Cory Booker (D-N.J.) would protect Americans' ability to sue pesticide manufacturers in federal court over potential harm caused by their products.

The Pesticide Injury Accountability Act, which faces nearly insurmountable odds to passage, comes amid the collision of two major trends: the growing awareness of the danger of pesticides and a state-by-state push of chemical companies to head off the risk of legal liability from those allegedly harmed by them.

On one hand, pesticides are emerging in scientific research as a major risk of cancer — potentially a bigger risk than smoking. Endocrinologists argue there is no safe level of pesticide exposure.

On the other side is a campaign by chemical manufacturers to get state legislatures in agricultural states to shield pesticide makers from lawsuits.

In arguing for one such bill in Iowa this year, one state legislator said the bill would protect applicators from being sued for manufacturers' mistakes.

“It says that if you sell your glyphosate or your product and you follow federal law to the T, you can’t be sued for having done the wrong thing in labeling your product,” Iowa state Sen. Mike Bousselot (R) said of the bill. 

Local farmers pushed back, and the law narrowly failed.

“We’re very worried. Our farmers feel that if they have injuries or illnesses due to their use of a pesticide they should have access to the courts,” Aaron Lehman, the head of the Iowa Farmers Union, told The Guardian during the fight this spring. 

“We just don’t think the playing field should be tilted," Lehman added.

Booker’s law would allow Americans in all states to target manufacturers directly, many of them foreign. 

"Pesticide manufacturers should not have the power to silence the people who feed America, yet that’s exactly what’s happening — as these corporations are working to block those that their products have harmed from seeking justice in the courts,” Joe Maxwell, president of farmer advocacy group Farm Action, said in a statement.

Maxwell added that Farm Action “applauds Senator Booker for this legislation and believe this is an issue that can unite both sides of the aisle.”