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A provision denying people the right to sue chemical companies for nondisclosure of potential health hazards has been removed from a federal measure to fund the Environmental Protection Agency.

In early 2024, Indiana House lawmakers introduced similar legislation but the measure failed to pass. The bill attempted to narrow the definition of "toxic" PFAS chemicals to exempt many of those used by manufacturers.

Jay Feldman, executive director of the advocacy group Beyond Pesticides, said companies should be held accountable when consumers are harmed.

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"This is a basic tenet in our society," Feldman asserted. "The industry is really trying to take advantage of the fact that the authority of federal agencies that are mandated to protect public health and safety are being weakened."

The federal provision, which opponents refer to as the "Cancer Gag Act," was removed by Democrats during budget hearings in the House Appropriations Committee. After years of large jury settlements linked to the common weed killer Roundup, chemical giants like Bayer have been lobbying for protection from what they call “scientifically-unsound lawsuits,” Feldman explained. Opponents of the provision argued it would have prevented states from restricting the use of harmful, cancer-causing chemicals.

Measures known as “failure-to-warn bills,” which limit citizens’ ability to seek compensation for harm caused by pesticides, are expected in several state legislatures this year. Feldman stressed chemical companies are working to weaken both federal and state regulations, while also claiming the regulations adequately protect the public.

"Here’s a chemical industry that has sought to dismantle regulatory programs," Feldman observed. "Then they point to those very programs as the protection that the public should feel comfortable with as protecting their health and their environment."

Feldman added while the provision was removed from the federal funding bill, it could be attached to any legislation moving through Congress, including a revised Farm Bill. The current version expires in September.