Failure-to-Warn
Tools Hub for Advocates
In 2025, advocates expect some version of a failure-to-warn bill to be introduced in at least 21 states. For ease of reference, see links below for target resources based on Northwest, Plains, Midwest, West/Southwest, Southeast, and MidAltantic/Northeast regions.
Bills for 2025
Missouri
See here for the pesticide immunity bill text, HB 544, in the Missouri legislature.
Florida
See here for the pesticide immunity bill text, HB 129, in the Florida legislature.
North Dakota
See here for the pesticide immunity bill text, SB 2086, in the North Dakota legislature.
Bills Tracked from 2024
Farm Bill (House GOP Draft introduced in Spring 2024): “[P]rohibit any State, instrumentality or political subdivision thereof. . . from directly or indirectly imposing or continuing in effect any requirements for, or penalize or hold liable any entity for failing to comply with requirements with respect to, labeling or packaging that is in addition to or different from the labeling or packaging approved by the Administrator of the Environmental Protection Agency.” (SEC. 10204. UNIFORMITY OF PESTICIDE LABELING REQUIREMENTS, p. 790).
Idaho (Introduced in Spring 2024): “ Notwithstanding any other provision of law or regulation to the contrary, for any pesticide registered by the United States environmental protection agency under the federal insecticide, fungicide and rodenticide act (FIFRA), the label approved by the United States environmental protection agency in registering the pesticide or a label consistent with the most recent human health assessment performed under FIFRA or consistent with United States environmental protection agency carcinogenicity classification for the pesticide under FIFRA shall be sufficient to satisfy any requirements for a warning regarding health or safety or any other provision or doctrine of state law, including without limitation state tort law or relevant common law.”
Iowa (Introduced in Spring 2024): “This bill provides for a defense from civil liability associated with the use of pesticides that are registered with the United States Environmental Protection Agency (EPA) acting under the federal Insecticide, Fungicide, and Rodenticide Act (federal Act). The bill provides that a label provides sufficient warning if it complies with any one of three criteria:
(1) it was approved by the EPA,
(2) it is consistent with the most recent human health assessment performed under the federal Act, or
(3) it is consistent with the EPA’s carcinogenicity classification for the pesticide.
In each case, the label is sufficient to satisfy any requirements for a warning regarding health or safety under Code chapter 20633 (“Pesticide Act of Iowa”), and any other provision of state law or any other common law duty to warn.”
Missouri (Introduced in Spring 2024): “For purposes of this section, any pesticide registered by the United States Environmental Protection Agency under the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), a pesticide label approved by the United States Environmental Protection Agency, or a pesticide label consistent with the most recent human health assessment performed under FIFRA, or consistent with the United States Environmental Protection Agency carcinogenicity classification of the pesticide under FIFRA, shall be sufficient to satisfy any requirement for a warning label regarding health or safety or any other provision of current law.