Glyphosate Prop 65 Warning Label Requirements Blocked

By Autumn McClain | July 13, 2020

Category: Cancer

Glyphosate Prop 65

Monsanto has successfully blocked efforts by the state of California to require them to include cancer warnings on glyphosate-based weedkillers like Roundup.

This attempt by the California Attorney General’s Office came after a glyphosate Prop 65 listing was added by the state. Prop 65 requires businesses to provide warnings on their products regarding exposure to carcinogens and other dangerous chemicals.

What Is Prop 65?

Proposition 65 was passed in California in an effort to protect consumers from exposure to dangerous chemicals. To do this, the law requires businesses to provide warnings regarding exposure to chemicals that cause cancer, reproductive issues, or birth defects. Prop 65 establishes a list of chemicals that would fall under that umbrella, including glyphosate. The glyphosate Prop 65 listing was added in 2017, according to Law360.

According to the California Office of Environmental Health Hazard Assessment, businesses that violate Prop 65 may be required to pay penalties of up to $2,500 per day, per violation. The law is enforced by the Attorney General’s Office, but any district attorney and city attorneys for cities of at least 751,000 can also enforce Prop 65.

What Label Changes Were Proposed?

Due to the glyphosate Prop 65 listing in 2017, California Attorney General Xavier Becerra filed a judgment bid with the court asking them to require Monsanto to add warnings to Roundup weedkiller. Initially, Becerra requested the addition of a warning that glyphosate is “known to the state of California to cause cancer”. However, Judge William B. Shubb found that this warning would be misleading due to the fact that some regulators haven’t categorized glyphosate as a carcinogen.

In 2018, Becerra asked Shubb to reconsider and gave additional evidence and alternative warnings. Becerra was unsuccessful. Shubb found all of the additional evidence either irrelevant or unpersuasive and argued that the alternative warnings were either too similar to the rejected version or should have been submitted earlier.

Most recently, Shubb sided with Monsanto in a 34-page summary judgment on the requirement of glyphosate Prop 65 warnings. The judge found that the findings reported by the International Agency for Research on Cancer (IARC) calling glyphosate a “probable” carcinogen wasn’t sufficient reason to claim that glyphosate causes cancer. The Judge argued that requiring Monsanto to include warnings to that effect would violate the company’s First Amendment rights. Shubb issued a permanent injunction on the enforcement of glyphosate Prop 65 requirements.

Glyphosate Prop 65 Listing

The California glyphosate Prop 65 listing was added in 2017 and took effect in 2018. The chemical was added due to the IARC’s judgment that glyphosate is a “probable” carcinogen. The listing stated that glyphosate is a known carcinogen in California. Soon after the chemical was added to the list, Monsanto and multiple farming associations came forward with lawsuits challenging the move. The entities suing the Calif. AG wished to have glyphosate remove from the Prop 65 list.

California’s Fifth District Court rejected Monsanto’s challenges to the glyphosate Prop 65 listing in 2018. Glyphosate is still included on the state’s list of known carcinogens requiring Prop 65 warning, but Shubb’s judgment effectively makes enforcing that requirement impossible.

Should You File a Glyphosate Lawsuit?

Shubb argued that the state of California doesn’t have enough proof that glyphosate causes cancer, but at lease three Calif. juries have determined that exposure to glyphosate was likely the cause of at least four plaintiffs’ cancer. As such, if you developed cancer after long-term exposure to Roundup weedkiller, filing a glyphosate lawsuit may be an effective way to seek compensation for any suffering or medical bills.