Federal Appeals Court Blocks California Warning Requirement for Glyphosate Weedkillers

A divided federal appeals court on Tuesday said California cannot require businesses to warn consumers about the potential dangers of glyphosate, an ingredient in Roundup weedkiller that has been linked to cancer.

Upholding a permanent injunction, the 9th U.S. Circuit Court of Appeals in San Francisco found it unconstitutional to force Bayer’s Monsanto unit, which makes Roundup, and other agricultural businesses to provide California’s proposed carcinogen warnings under a state law known as Proposition 65.

Writing for a 2-1 majority, Circuit Judge Consuelo Callahan said making the producers a “billboard” for California’s “at best, disputed” message that glyphosate is unsafe violated their First Amendment commercial speech rights, despite the state’s substantial interest in its citizens’ health.

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