In a letter to President Biden, 54 agricultural groups expressed grave concern with a recent amicus brief submitted by the U.S. Solicitor General to the Supreme Court advising the court against taking up a case regarding pesticide labels. The groups, including the American Farm Bureau Federation, American Soybean Association, National Corn Growers Association, National Association of Wheat Growers, National Cotton Council, and American Sugarbeet Growers Association, listed in full here in the letter, called on the president to swiftly withdraw the brief. They warned the new policy would set a dangerous precedent that threatens the science-based regulatory process. The groups are worried this new policy, along with having environmental impacts, could ultimately hinder the ability of U.S. farmers to help meet growing global food needs intensified by the invasion of Ukraine.

In the May 10 brief, the Solicitor General advised the court against taking up a case concerning whether state pesticide labels can conflict with federal labels. 

“Federal law is clear that pesticide labels cannot be false or misleading. Allowing states to require health warnings contrary to decades of sound science is beyond disturbing and obviously not in line with federal law,” ASA President and Arkansas farmer Brad Doyle said. “I and other farmers are concerned this new policy will open the floodgate to a patchwork of state labels that will undermine grower access to safe, effective pesticides needed to farm productively and sustainably.”

At question is whether the state of California can require a cancer warning label for the popular herbicide glyphosate when thousands of studies, decades of robust scientific consensus, and numerous global regulatory bodies — including the U.S. Environmental Protection Agency — agree the herbicide is not a carcinogen. 

The new position expressed by the Solicitor General is a stunning reversal from previous, bipartisan administrative policy. The brief asserts federal law and regulations do not prevent states from imposing their own labeling requirements, even if those labels run counter to federal findings.

Nate Hultgren, sugarbeet farmer from Minnesota and president of the American Sugarbeet Growers Association, said: “Farmers can’t meet consumers’ food security needs and help address climate change if the safe crop protection products we use and desperately need are undermined by the states. Allowing states to supersede federal pesticide labeling requirements will create massive uncertainty, confusion and add to significant supply chain disruptions.” 

The groups call on President Biden to withdraw the brief. They also encourage the president to consult with the USDA to better understand the implications of this decision for science-based regulation, as well as food security and environmental sustainability.