EWG sues EPA for 7-year inaction on glyphosate in oats, citing risks to children’s health

The Environmental Working Group today filed a lawsuit in federal court claiming the Environmental Protection Agency is unlawfully delaying a response to the group’s petition seeking stricter limits in oats on the notorious herbicide glyphosate.

The petition also asks for a ban on use of glyphosate as a pre-harvest drying agent.

In its suit, EWG urges the U.S. Court of Appeals for the District of Columbia Circuit to compel the EPA to respond to the petition, which has languished at the agency for seven years.

EWG argues the agency’s inaction violates federal law, which requires a timely response to petitions. The delay leaves millions of Americans – especially infants and young children – potentially exposed to unsafe levels of the weedkiller in many foods marketed to kids.

“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 COO.

“This kind of delay has real consequences for families who rely on the agency to ensure children are not exposed to toxic farm chemical residues like glyphosate,” she added.

The suit comes ahead of oral arguments in the Supreme Court on April 27 in a case centered on allegations that Monsanto – which sold the glyphosate-based herbicide Roundup – failed to warn consumers about the health risks linked to exposure to the product.

That case could have sweeping implications for whether farmers and consumers can keep pursuing lawsuits for harms linked to glyphosate, and whether states can require warning labels on glyphosate products.

History of EWG’s request

EWG first filed its petition in 2018, under the Federal Food, Drug, and Cosmetic Act, later amending it in 2019.

The petition presents scientific evidence that the EPA’s current “tolerances” – or allowable levels – of glyphosate on oats do not adequately protect children’s health.

It also calls for an end to the practice of spraying glyphosate shortly before harvest, known as pre-harvest dessication, which greatly increases residue levels in final food products.

In 2018, two rounds of EWG-commissioned laboratory tests found widespread glyphosate contamination of oat-based foods. In the first round of tests, glyphosate was detected in nearly all non-organic oat products tested, with most samples exceeding EWG’s health benchmark of 160 parts per billion for children.

The second round of tests focused on popular kids’ cereals and found glyphosate in 100% of samples, again with the majority above EWG’s health benchmark.

Together the findings point to pervasive low-level exposure in everyday foods and raise concerns about current federal safety standards.

Glyphosate is the active ingredient in Roundup, the most widely used herbicide in the U.S. and around the world. While commonly applied to control weeds in farm fields, it is also used late in the growing season on crops like oats to accelerate drying before harvest. This practice leaves little time for the chemical to break down, resulting in higher residues in foods such as oat cereals, granola bars and snacks kids often eat.

Cancer risk

EWG’s petition and supporting data say oat-based foods are a major source of dietary exposure to glyphosate, particularly for infants and toddlers. Because young children eat more food relative to their body weight than adults, they can face disproportionately higher exposure levels.

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

Under the 1996 Food Quality Protection Act, the EPA must ensure that pesticide residue limits in food are “safe” – that there’s a reasonable certainty of no harm, with special protections for infants and children.

The Administrative Procedure Act also guarantees the public the right to petition the agency and receive a timely, reasoned response. EWG contends that the EPA’s prolonged inaction violates both requirements.

The EPA avoiding responsibility

EWG further argues that the agency’s delay prevents judicial review of a final decision on the group’s requests, and undermines accountability. By failing to issue a final decision, the agency is falling short of its legal obligations while also blocking courts from evaluating whether those obligations have been satisfied.

“This is exactly the kind of situation where courts are meant to step in,” said Leary. “The EPA cannot avoid its responsibilities simply by doing nothing.”

EWG’s petition also raises concerns about how current glyphosate tolerance levels were established. The allowable limit for glyphosate on oats has increased dramatically over time, from 0.1 parts per million, or ppm, in the early 1990s, to 30 ppm today.

According to the petition, those increases were driven not by new safety data but by efforts to align U.S. standards with international trade standards.

At the same time as the EPA has increased the tolerance levels, scientific debate over glyphosate health effects has persisted.

In 2015, the International Agency for Research on Cancer classified glyphosate as “probably carcinogenic to humans,” citing evidence from animal studies and limited human data. While the EPA has reached different conclusions in some assessments, it has acknowledged data gaps and internal disagreements about the chemical’s potential risks.

‘Stop stalling’

EWG’s lawsuit does not ask the court to determine whether glyphosate is safe or unsafe.

But it does seek a court order requiring the EPA to respond to the petition by a firm deadline, make the safety determination and explain its reasoning, as the law requires.

EWG argues that further delay would continue to expose families to potential risks. More inaction would also deny them transparency and accountability from an agency whose purpose is to protect the public from toxic chemicals like glyphosate.

“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.”