By Suzanne Burdick, Ph.D.

The U.S. Environmental Protection Agency (EPA) is violating federal law by failing to respond to a petition seeking stricter glyphosate limits in oats, according to a lawsuit filed Tuesday by the Environmental Working Group (EWG).

Oats have been found to contain glyphosate, the active ingredient in Roundup weedkiller, at levels that put children’s and babies’ health at risk, according to EWG.

EWG President and co-Founder Ken Cook said in a press release:

“Parents shouldn’t have to second-guess whether everyday foods like cereal and snack bars are putting their children at risk of cancer. The EPA’s silence leaves families in the dark and falls far short of its responsibility to protect public health.”

In 2018, EWG petitioned the EPA to tighten the allowable limits for glyphosate in oats. The petition also asked the EPA to ban the use of glyphosate as a preharvest drying agent.

EWG’s lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, alleges the EPA is unlawfully delaying a response to the petition. The suit asks for a court order requiring the EPA to respond to the petition by a clear deadline and make a safety determination about glyphosate in oats.

According to the complaint:

“Congress required EPA to ensure that pesticide residues in food are safe, with particular protection for children. Yet, more than seven years after being presented with substantial scientific evidence that the current tolerance for glyphosate in oats may not meet that standard, EPA has failed to make any final, reviewable determination.”

“For seven years, the EPA has left this critical issue unresolved,” Cook said. “It’s time for the agency to stop stalling and do its job.”

Glyphosate ‘widespread’ in popular kids’ cereals

EWG’s lawsuit alleges the EPA violated the Administrative Procedure Act, which protects the public’s right to petition the EPA and receive a timely, reasoned response.

“The EPA has a clear legal duty to act on this petition, and it has simply refused to do so,” said Caroline Leary, EWG’s general counsel and chief operating officer.

The 1996 Food Quality Protection Act requires the EPA to ensure that pesticide residue limits in food are “safe,” meaning that there’s a reasonable certainty of no harm, particularly for children.

In 2018, two rounds of EWG-commissioned lab testing found widespread glyphosate contamination of oat-based foods. The first round of tests detected glyphosate in nearly all nonorganic oat products tested, with most samples exceeding EWG’s health benchmark for daily glyphosate exposure of 160 parts per billion for children.

The second round of tests found that 100% of popular kids’ cereals analyzed contained glyphosate, with most samples above EWG’s health benchmark.

Since young children eat more food relative to their body weight than adults, they can face disproportionately higher exposure levels, according to the EWG.

EWG’s petition, filed in 2018 and amended in 2019, presents scientific evidence showing that the EPA’s current allowable levels of glyphosate on oats do not adequately protect children’s health.

The EPA’s seven-year delay has “real consequences for families who rely on the agency to ensure children are not exposed to toxic farm chemical residues like glyphosate,” Leary said.

In 2015, the International Agency for Research on Cancer classified glyphosate as “probably carcinogenic to humans.”

However, the EPA’s assessments of glyphosate to date have reflected “internal disagreement, acknowledged data gaps, and shifting analytical approaches,” according to the complaint.

Advocates to rally next week as Supreme Court weighs Bayer’s plea for immunity

The lawsuit comes less than a week before the U.S. Supreme Court, on April 27, will hear oral arguments in a case that could determine whether Bayer can be held liable for failing to warn people that Roundup weedkiller may cause cancer.

Bayer, which acquired Roundup when it bought the agrochemical giant Monsanto for $63 billion in 2018, has already paid more than $10 billion to resolve lawsuits filed against Monsanto before the acquisition. The company still faces more than 60,000 lawsuits in the U.S.

If the court rules in Bayer’s favor, it would be nearly impossible to sue any pesticide maker for failing to warn consumers about health risks — even if the company knows about the risk — unless the EPA mandates a warning label on the product.

Such a ruling would reshape the national regulatory landscape and effectively limit one of the largest waves of tort litigation in American history.

On the morning of April 27, people are holding a safe food rally on the steps of the Supreme Court.

Dubbed “The People vs. Poison,” the rally will feature over 30 speakers, including Vani Hari, an author and food activist known as the Food Babe, Informed Consent Action Network CEO Del Bigtree, several members of Congress, and Children’s Health Defense Senior Advocacy Manager Stephanie Locricchio.

“This is our moment to come together and rise up against this crisis. Let’s show Washington that enough is enough,” according to the rally coalition’s website.

Related articles in The Defender

• It’s Time to Go Full-On Erin Brockovich: Join the People vs. Poison Rally April 27
• Breaking: U.S. Supreme Court to Hear Case That Could Protect Pesticide Giant Bayer From Cancer Lawsuits
• RFK Jr. Responds to Trump Executive Order on Glyphosate
• Trump Directs USDA to Make More Glyphosate, Signals Liability Protection for Pesticide Makers
• Roundup Weedkillers Caused Multiple Cancers in Rats, Large International Study Finds
• EPA Defends Plan to Gut Key Office Studying Health Risks of Pesticides and Other Toxins

The post Environmental Working Group Sues EPA Over Glyphosate in Oats, Citing Risk to Children’s Health appeared first on Children’s Health Defense.

 

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