A California court has granted an injunction enjoining various growers associations from providing Proposition 65 cancer warnings for crops grown with glyphosate.  In a motion for preliminary injunction, National Association of Wheat Growers et al. v. Zeise, the court held that a Proposition 65 warning conveying that glyphosate causes cancer would not be “factually accurate” and would be “misleading to the ordinary consumer” because almost all other regulators (i.e., apart from California’s Office of Environmental Health Hazard Assessment (OEHHA)) “have concluded that there is insufficient evidence that glyphosate causes cancer.”

Glyphosate was listed on Proposition 65 in July 2017, and enforcement of the warning requirement would begin in July 2018.  For more on upcoming changes to Proposition 65 “clear and reasonable” warning requirements, see https://www.khlaw.com/9500.

The decision may be a useful precedent in the event that other companies and organizations decide to push back on Proposition 65 warnings based on arguably inadequate evidence of carcinogenicity or reproductive toxicity.