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ARTICLE · 13 JULY 2020

Federal Court Says Prop 65 Warnings For Glyphosate Violate The First Amendment

Norton Rose Fulbright Canada LLP
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On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65 warnings for glyphosate.

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Jeffrey Brian Margulies
Jeffrey Brian Margulies
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On June 22, 2020, Judge William Shubb of the US District Court for the Eastern District of California entered an order prohibiting the State of California from requiring Prop 65 warnings for glyphosate, the active ingredient in the herbicide Roundup®. The decision was not based on whether glyphosate had been improperly listed under Prop 65, or whether the amount of exposure to average users was below the no significant risk level. Rather, the court concluded that the warnings were prohibited under the US Constitution's First Amendment as compelled government speech. This decision is important, as it is the first final court ruling to find that the state cannot compel a warning communicating that a chemical is "known to cause cancer" when that warning is not "factual and uncontroversial."

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