California won’t be able to label Bayer Ag’s Monsanto product Roundup (or any glyphosate products) with a Proposition 65 cancer warning after all. A three-judge panel on the Ninth Circuit Court of Appeals upheld a 2020 decision, saying that a cancer warning on the product would be misleading to consumers and violate the First Amendment.
California has an interest in protecting its citizens against hazardous chemicals, the court said. But “compelling sellers to warn consumers of a potential ‘risk’ never confirmed by any regulatory body — or of a hazard not ‘known’ to more than a small subset of the scientific community — does not directly advance that interest,” the court said.