National Association of Wheat Growers et al v. Zeise et al

2:17-cv-02401-WBS-EFB
November 15, 2017
Final judgment
United States, Eastern District of California, Sacramento

Economic stakeholders
National Association of Wheat Growers, National Corn Growers Association, United States Durum Growers Association, Western Plant Health Association, Missouri Farm Bureau, Iowa Soybean Association, South Dakota Agri-business, North Dakota Grain Growers Association, Missouri Chamber of Commerce and Industry, Monsanto Company, Associated Industries of Missouri, Agribusiness Association of Iowa
OEHHA (Office of Environmental Health Hazard Assessment), California, Lauren Zeise (Director of OEHHA), Xavier Becerra (Attorney General of the State of California)
No description

Civil court
Herbicide, Glyphosate, Roundup
To stop the state from requiring cancer warnings on products containing the weed killer glyphosate.
United States District Court of Eastern District of California, Sacramento, United States

June 22, 2020
Negative
Plaintiffs’ request for a preliminary injunction enjoining defendants from listing glyphosate as a chemical known to the State of California to cause cancer under California Health & Safety Code § 25249.8 is denied. Plaintiffs’ request for a preliminary injunction enjoining the warning requirement of California Health & Safety Code § 25249.6 as to glyphosate is granted.

Plaintiffs bring this suit to prevent the State of California from mandating cancer warnings concerning the herbicide glyphosate on a wide variety of food, agricultural, industrial, and lawn and garden products. The judge partially agrees with the plaintiffs and orders the State of California not to implement this labelling until the final resolution of the dispute. 8.7.2019, US EPA says it will no longer approve warning labels that claim the controversial herbicide glyphosate causes cancer, calling the statement "false and misleading" and requests its removal within 90 days. OEHHA answers that it will continue to list glyphosate as carcinogenic, in line with IARC's classification and the California’s Fifth District Court of Appeal following legal challenges by Monsanto (16CECG00183 ; F075362 ; S249056). Plaintiffs now seek a permanent injunction barring enforcement of the Proposition 65 warning as to glyphosate while defendant seeks a determination that plaintiffs’ First Amendment claim fails as a matter of law. On June 22, 2020 Judge Shubb orders that plaintiffs’ Motion for Summary Judgment be granted and that that plaintiffs’ request for a permanent injunction enjoining the warning requirement of California Health & Safety Code § 25249.6 as to glyphosate is granted. California is prohibited from putting cancer warning on glyphosate based products. On Sept. 9, 2020, California Attorney General Xavier Becerra files a notice of appeal.