The Eastern District of California on Feb. 26 issued a preliminary injunction barring California from enforcing its Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) warning requirement for the herbicide glyphosate.
As part of a broad coalition of agricultural groups, CropLife America (CLA) argued that the Proposition 65 listing and warning requirement violates the First Amendment by compelling companies to make misleading and highly controversial statements about their products.
This injunction is an important outcome, as the judge held that now California cannot enforce the warning requirement as it relates to glyphosate as this case continues in court.
“We are pleased that the court recognized that consumers may be misled by Proposition 65 warnings on glyphosate products,” said Crop Life America’s Jay Vroom.
“California has designated glyphosate as a chemical ’known’ to cause cancer, based solely on a controversial listing by the International Agency of Research on cancer,” he said. “There is overwhelmingly sound human health data and science that points to the opposite conclusion. This is a first step in ensuring that misleading labeling does not contribute to unfounded and unproven fears,” Vroom said.
The decision is also the first of its kind, as a federal court has never enjoined a Proposition 65 warning requirement on First Amendment grounds.