As the 2025 legislative session progresses, a growing number of states are introducing bills that limit the liability of pesticide manufacturers in cases involving failure-to-warn claims. This trend is largely driven by ongoing litigation concerning the herbicide glyphosate and allegations that exposure to certain pesticides has led to health issues, including cancer.
Background on Pesticide Liability Lawsuits
Over the past decade, thousands of lawsuits have been filed against pesticide manufacturers, alleging failure to warn consumers of potential health risks. Many of these lawsuits target glyphosate, the active ingredient in Roundup, claiming it causes non-Hodgkin’s lymphoma. Plaintiffs argue that manufacturers failed to include proper warnings, while companies like Bayer (which acquired Roundup maker Monsanto) maintain that their products comply with EPA regulations, which do not require cancer warnings.
In response to these lawsuits, pesticide manufacturers have argued that state law failure-to-warn claims should be preempted by federal law, specifically the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA prohibits states from imposing labeling requirements that differ from federal regulations, meaning that if a pesticide label is EPA-approved, additional state-level warnings should not be necessary.
The Legislative Response: Limiting Pesticide Manufacturer Liability
To protect pesticide manufacturers from liability, multiple states have introduced bills that align state laws with FIFRA, ensuring that an EPA-approved label is sufficient to meet state health and safety warning requirements.
- Iowa, Idaho, and Missouri introduced legislation in 2024 that would have provided legal protection to pesticide manufacturers if their products bore EPA-approved labels. The 2024 Florida pesticide liability bill differed from similar proposals in other states by focusing on distributors, dealers, and applicators rather than pesticide manufacturers. Unlike other state bills that focused solely on failure-to-warn claims, the Florida bill broadly restricted all product liability claims against distributors, dealers, and applicators. All 2024 introduced bills failed to pass.
- Mississippi, Missouri, Wyoming, and Oklahoma have introduced similar pesticide liability limitation bills in 2025, with some variations in language and scope, and Florida has again introduced a new bill.
Oklahoma’s Proposed Pesticide Liability Legislation – HB 1755
In Oklahoma, House Bill 1755, introduced by Rep. Dell Kerbs, follows the approach taken in other states by shielding pesticide manufacturers from failure-to-warn lawsuits if their products comply with EPA labeling standards.
Key Provisions of HB 1755:
- EPA Registration as a Sufficient Warning
- If a pesticide is registered with the EPA under FIFRA, its federally approved label will satisfy Oklahoma’s health and safety warning requirements.
- Legal Protection Against State-Level Failure-to-Warn Claims
- If a pesticide’s label is consistent with the most recent:
- EPA human health assessment, or
- EPA carcinogenicity classification,
- then the manufacturer is considered to have met Oklahoma’s legal duty to warn.
- If a pesticide’s label is consistent with the most recent:
- Dual Approval Required for Sale in Oklahoma
- The pesticide label must be approved by both:
- The EPA (federal level)
- The Oklahoma Department of Agriculture, Food, and Forestry (state level)
- The pesticide label must be approved by both:
- Implementation Date
- The bill would take effect on November 1, 2025.
Potential Impact of HB 1755 in Oklahoma
- Reduces Manufacturer Liability: Companies that produce pesticides would have a legal defense against failure-to-warn lawsuits as long as their labels comply with federal regulations.
- Limits Consumer Lawsuits: Plaintiffs in Oklahoma may find it more difficult to sue pesticide manufacturers for health-related claims based on failure to warn, as the law would override state common law claims.
- Aligns Oklahoma Law with Federal Standards: HB 1755 reinforces federal preemption by ensuring that pesticide labeling laws in Oklahoma match FIFRA requirements, reducing state-level variations.
- Potential Challenges: Consumer and environmental advocacy groups may argue that the bill limits legal recourse for individuals who claim pesticide-related harm, especially in cases where new research emerges about health risks.
Looking Ahead
While similar bills failed to pass in 2024, the 2025 legislative session could see some of these measures become law. If HB 1755 is enacted, Oklahoma would join a growing list of states providing stronger legal protections for pesticide manufacturers, setting a precedent for how failure-to-warn lawsuits are handled in agricultural and environmental law.
As the debate continues, the balance between public health, agricultural needs, and corporate liability remains a key concern for lawmakers, industry stakeholders, and consumer rights advocates.
This blog post is for informational purposes only and does not constitute legal advice. Furthermore, it is based on the following sources:
- National Agricultural Law Center: Rollins, Brigit. States Introduce Pesticide Liability Limitation Bills in 2025 Legislative Session. National Agricultural Law Center, January 28, 2025.
- Oklahoma House Bill 1755: HB 1755 INT (2025), Oklahoma Legislature, introduced by Rep. Kerbs. Introduced January 16, 2025.