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ARTICLE · 15 SEPTEMBER 2020

Recent District Court Decision Limits Proposition 65 Warnings On First Amendment ‘Compelled Speech' Grounds

A U.S. District Court recently barred enforcement of California's Proposition 65 warning requirement on the First Amendment ground of "compelled speech."

United StatesEnvironment

A U.S. District Court recently barred enforcement of California's Proposition 65 warning requirement on the First Amendment ground of "compelled speech." Proposition 65 requires businesses to provide warnings to consumers before exposing them to over 900 chemicals linked to cancer or reproductive toxicity. Although the State of California will almost certainly appeal the decision, National Association of Wheat Growers et al., v. Xavier Becerra1 could be a turning point for Proposition 65 and set the stage for further challenges to consumer product warning labels on First Amendment grounds.

In the recent decision, Judge William Shubb recognized Proposition 65 warning labels as a form of compelled speech. The case stems from warning labels for products containing glyphosate, a widely used herbicide. Following the International Agency for Research on Cancer's classification of glyphosate as "probably carcinogenic," the State recognized glyphosate as a chemical "known

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This article is presented for informational purposes only and is not intended to constitute legal advice.

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