Yesterday, the Eastern District Court of California issued a permanent injunction preventing the labeling of glyphosate as a carcinogen in California. The judge acknowledged in his decision that many regulatory bodies around the world, including the EPA, have not found glyphosate to be a likely carcinogen. This in contrast to the often-refuted 2015 International Agency for Research on Cancer (IARC) study that found the substance to be a probable carcinogen, and what became the basis for California’s decision to label the product under Prop 65. The court concludes that labeling glyphosate as a carcinogen would be misleading to consumers and not advance the mission of the state to protect citizens from truly cancerous materials, while also violating the first amendment rights of the manufacturers.
The National Corn Growers Association was a plaintiff in this case, along with 12 other organizations that include commodity groups, Monsanto, CropLife America and more. NCGA counsel expects California’s Attorney General to appeal this ruling to the 9th Circuit Court of Appeals, but stresses that preventing a Prop 65 warning is a big win that puts the plaintiffs in a solid position should an appeal comes forward.