On Tuesday, julio 22, the House Appropriations Committee will meet, and we have one last chance to stop Section 453, the federal provision that would grant legal immunity to the pesticide industry, including over 57,000 toxic products.  This is our moment to raise our voices for the health of our children, the future of our fertility, and the integrity of our legal system.

What’s in Section 453

Section 453 does two things that legal and public health experts warn could have profound consequences.

First, Section 453 blocks federal funding for pesticide label updates unless they align with the EPA’s most recent risk assessments and occur during narrowly defined review periods. Because EPA reviews are frequently delayed, often for decades, this provision would effectively prevent timely updates based on new science. For example, glyphosate’s health review hasn’t been updated since 1993, with the next review not expected until the late 2030s, at best.  This ensures that labels will not reflect the latest health risks. This postponement exposes children to developmental toxins, many of which are known or suspected endocrine disruptors, that can permanently affect development and fertility. By blocking funding for timely label updates, the provision increases children’s risk of lifelong reproductive harm, including infertility.

Secondly, Section 453 grants broad legal immunity to the pesticide industry, including over 57,000 products from companies like Bayer and Syngenta (owned by ChemChina). This provision makes it virtually impossible to sue pesticide manufacturers for harm caused by their products.

Lawsuits are typically filed under state product liability laws for failure to warn consumers. However, Section 453 allows federal law to override these state laws, preventing companies from updating labels without EPA approval. Because EPA approvals are tied to outdated assessments, companies can claim they are legally barred from providing new warnings. This legal doctrine, known as “impossibility preemption”, leads courts to dismiss cases on the grounds that companies complied with federal law.

The result is that pesticide manufacturers escape accountability, leaving families and future generations vulnerable to increasingly harmful chemicals with no legal recourse.

Here’s What You Can Do:

Step 1: 

Send a mass email to the Appropriations Committee staff. Copy and paste this into the BCC field. Tell them that to protect the fertility and development of children, Section 453 MUST be completely removed! No amendment acceptable!

megan.medley@mail.house.gov,madelyn.derks@mail.house.gov, monika.konrad@mail.house.gov,rob.sar@mail.house.gov, jack.lincoln@mail.house.gov,sam.garrison@mail.house.gov, gabrielle.sheitelman@mail.house.gov,nicole.manley@mail.house.gov, dmd@mail.house.gov,chase.starr@mail.house.gov, sofia.deiro@mail.house.gov,gisselle.reynolds@mail.house.gov, ashley.teague@mail.house.gov,owen.dankworth@mail.house.gov, ian.merritt@mail.house.gov, indsey.mosley@mail.house.gov, kellie.chong@mail.house.gov, milton.robinson@mail.house.gov, travis.trejo@mail.house.gov,nick.bowser@mail.house.gov, matthew.stubeck@mail.house.gov, mary@mail.house.gov, lindsay.linhares@mail.house.gov, james.leavitt@mail.house.gov, edward.kim@mail.house.gov, ryan.rasins@mail.house.gov, chris.macarthur@mail.house.gov, handler.smith@mail.house.gov, william.reynolds@mail.house.gov, katie.heffernan@mail.house.gov, nick.dilorenzo@mail.house.gov, jack.harrigan@mail.house.gov, kellie.hartl@mail.house.gov, nicholas.runkel@mail.house.gov, ben.vansickle1@mail.house.gov

Step 2:

Send a mass email to the House MAHA caucus staffers.  Tell them that if they really are MAHA - they will publicly call for the removal of Section 453 and ask leadership to remove it.

will.tucker@mail.house.gov,nate.zimpher@mail.house.gov, rob.sar@mail.house.gov,chase.babair@mail.house.gov, susan.falconer@mail.house.gov, matt.tucker@mail.house.gov, will.smith@mail.house.gov, nick.adams@mail.house.gov, bubba.white@mail.house.gov, juliana.dauchess@mail.house.gov, allie.esau@mail.house.gov, james.schroeder@mail.house.gov, jack.ganter@mail.house.gov, quinn.ritchie@mail.house.gov

Step 3: 

Call the House Appropriations Committee and tell them Section 453 MUST be removed!  They represent you as committee members, no matter which state you live in. Don’t let them tell you otherwise.

TALKING POINTS

The way Section 453 works and effectively creates immunity for pesticide manufacturers is complex.

1. Blocks Funding for Label Updates – Section 453 blocks EPA funding for timely label updates when new science emerges, such that labels will not carry up-to-date health warnings that would provide informed consent, properly warning consumers of the product’s health risks.
   
   
2. Restricts Regulatory Action – Section 453 removes funding for EPA to take the “regulatory action” needed to enforce labeling requirements despite FIFRA’s misbranding provision (7 U.S.C. § 136(q)) that requires companies to provide updated warnings as new science becomes available.
   
   
3. Creates “Impossibility Preemption” – When inadequate pesticide labels cause serious injuries and deaths, victims sue companies under state liability laws for failure to warn. Companies must seek EPA approval for warning label changes, but Section 453 (which blocks EPA funding to approve label updates) would make state law compliance impossible. This creates “impossibility preemption,” causing courts to dismiss lawsuits immediately because of the supremacy clause in the U.S. Constitution.
   
   
4. Scope: Not Just One Chemical but All Pesticides – Section 453 covers all pesticides registered under FIFRA—over 57,000 currently registered products. It also applies to all FUTURE chemicals registered under FIFRA, including herbicides, fungicides, insecticides, and disinfectants as well as common household items like bug spray, disinfectant wipes, and ant traps.
   
   
5. Grants Immunity to Both Foreign and Domestic Companies – Section 453 covers all manufacturers, including foreign-owned companies like ChemChina, and extends immunity to future companies, enabling them to sell any registered product without liability.
   
   
6. Health Impacts – Includes chemicals known to cause cancer (glyphosate), Parkinson’s disease (Paraquat) and disrupt hormones to cause infertility. With infertility on the rise, outdated labels will fail to warn families in time. Raises the question: What harmful chemicals will companies or foreign actors bring to market when they know they are immune from lawsuits?

We extend our sincere thanks to Dr. Alexandra Munoz, PhD, Toxicologist, for her critical work in exposing the dangers of Section 453 and for leading the effort to mobilize this call to action