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National Ass'n of Wheat Growers v. Becerra

ELR Citation: 50 ELR 20154
Nos. 2:17-cv-2401 WBS EFB, (E.D. Cal., 06/22/2020) (Shubb, J.)

A district court permanently enjoined a California Proposition 65 warning requirement on the weedkiller glyphosate. Agribusiness groups argued the law, which requires warning labels for products containing chemicals known to California to cause cancer, as applied to glyphosate compelled speech under the First Amendment, and sought to permanently enjoin its enforcement. The court found that the evidence in the record demonstrated the weedkiller was not known to cause cancer, and that the state had neither shown that the warning requirement as applied to glyphosate directly advanced the asserted government interest nor that it was not more extensive than necessary to achieve that interest, and thus failed intermediate scrutiny under the First Amendment. It therefore permanently enjoined Proposition 65's warning requirement as to glyphosate.