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National Ass'n of Wheat Growers v. Zeise

ELR Citation: 48 ELR 20033
Nos. 2:17-2401, (E.D. Cal., 02/26/2018) (Shubb, J.)

A district court issued a preliminary injunction enjoining California from enforcing Proposition 65’s carcinogenicity warning requirement for glyphosate. On the evidence before the court, the required warning for glyphosate does not appear to be factually accurate and uncontroversial because it conveys the message that glyphosate's carcinogenicity is an undisputed fact, when almost all other regulators have concluded that there is insufficient evidence that glyphosate causes cancer. Where California seeks to compel businesses to provide cancer warnings, the warnings must be factually accurate and not misleading; as applied to glyphosate, the required warnings are false and misleading. Plaintiffs therefore established a likelihood of success on the merits of their claim that the warning requirement violates their First Amendment rights. They also established that they will likely suffer irreparable harm if the warning requirement is not enjoined as to glyphosate. And the balance of equities and public interest weigh in favor of enjoining Proposition 65’s warning requirement for glyphosate.