In an influential decision, the Ninth Circuit upheld a summary judgement from the District Court for the Eastern District of California on November 7, 2023. Thus, the Circuit courts conclusively affirmed the trial court’s ruling in favor of the plaintiffs – National Ass’n of Wheat Growers et al. v. Bonta.
As a result, a permanent injunction now enjoins the California Attorney General from enforcing the carcinogen warning requirement of Proposition 65 for the herbicide glyphosate. Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to notify Californians about significant amounts of chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment.
The initial summary judgment granted by the District Court on June 22, 2020, stirred controversy as it directly challenged the principle of using warning labels as a form of public safety for chemical products, particularly those classified as carcinogens. The permanent injunction addresses this challenge, suggesting a significant potential shift in the enforcement and interpretation of Proposition 65.
The Ninth Circuit’s affirmation in favor of the plaintiffs demonstrates a significant movement in the handling of product safety warnings. It indicates a substantial limitation on the state’s ability to mandate warnings and places increased importance on the standards for evidence and burden of proof in such cases.
This historic decision will no doubt set a precedent for other cases contesting the application of Proposition 65. Its implications will be far-reaching, affecting businesses, consumers, and the legal landscape surrounding product safety regulations.