Monsanto Co v. OEHHA

Reference :

16CECG00183 ; F075362 ; S249056

Complaint date :

January 21, 2016

Status :

Final judgment

Place of jurisdiction :

United States, California

Plaintiffs types :

Economic stakeholders

Plaintiffs names :

Monsanto

Defendants :

OEHHA (Office of Environmental Health Hazard Assessment)

Lawyers for Health and Environmental Justice :

Adam Keats, Selena Kyle

Case nature :

Civil court

Type(s), Product(s), Active substance(s) :

Herbicide, Roundup, Glyphosate

Requests :

Oppose notice of intent to add glyphosate to California's Proposition 65 list of chemicals known to cause cancer. The company has denied any link to cancer through the use of glyphosate, the active ingredient in Roundup .

Name of the Court :

Supreme Court of California, United States

Jurisdiction level :

Decision date :

August 15, 2018

Decision nature :

Positive

Decision content :

To grant the motion for judgment on the pleadings as to Monsanto's petition and complaint, and sustain the demurrers to Monsanto's petition and complaint and California Citrus‘ complaint in intervention, for failure to state facts sufficient to constitute a cause of action, without leave to amend. Judgment is confirmed in appeal.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

Monsanto has alleged that the OEHHA's decision to list glyphosate on the Proposition 65 list of chemicals that are known to the state to cause cancer is unconstitutional as applied to glyphosate, and has attempted to challenge the Labor Code listing mechanism as unconstitutional on its face. After failing in court, Monsanto fails again at the appellate court on 4.19.2018. The ruling became final on 8.15.2018 when the state’s high court denied review.

Scientific references :

IARC Working Group on the Evaluation of Carcinogenic Risks to Humans. Some Organophosphate Insecticides and Herbicides. Lyon (FR): International Agency for Research on Cancer; 2017. PMID: 31829533.