California has been enabled to become the first U.S. state to require Monsanto to label its blockbuster weed killer, Roundup, as a possible carcinogen, after a ruling issued Friday by a California judge.
Fresno County Superior Court Judge Kristi Kapetan previously issued a tentative ruling on January 27 in Monsanto Company v. Office of Environmental Health Hazard Assessment, et al.
Judge Kapetan formalized her ruling against Monsanto on Friday, which will allow California to proceed with the process of listing glyphosate, the active ingredient in Roundup, as a chemical “known to the state to cause cancer” in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65.
Note: California has still not finalized the labeling of Roundup under Proposition 65 or set the safe harbor levels.
In response to the ruling, Robert F. Kennedy, Jr. stated, “Democracy is alive and well in California where judges are still willing to stand up for science, even against the most powerful corporate polluters. This decision gives Californians the right to protect themselves and their families from chemical trespass.” Mr. Kennedy and the law firm of Baum, Hedlund, Aristei & Goldman represent people from California and across the U.S. who have been diagnosed with non-Hodgkin lymphoma after Roundup (glyphosate) use.
In January of 2016, Monsanto filed a lawsuit against the State of California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) over the agency’s notice of intent to list glyphosate as a Prop 65 chemical.
OEHHA issued the notice after the World Health Organization’s International Agency for Research on Cancer (IARC) issued a report on glyphosate, which classified the chemical as a “probable human carcinogen.” The IARC report compelled OEHHA to list glyphosate as a Prop 65 chemical and warn consumers about the possible danger associated with glyphosate exposure.