Thursday, November 30, 2023

Wheat Growers Hail Permanent Injunction on California’s Prop 65

by Colter Brown

The United States Court of Appeals for the Ninth Circuit upheld a permanent injunction that prohibits California’s Proposition 65 warning requirement related to glyphosate. The Ninth Circuit Court of Appeals affirmed the district court’s permanent injunction enjoining Proposition 65 warning requirement for glyphosate.

The National Association of Wheat Growers (NAWG) hailed the court decision. “NAWG members knew we had a strong case and the decisions were based on the facts and science surrounding the safety of the product,” said NAWG President and Oregon wheat farmer, Brent Cheyne.

“NAWG has been engaged in this legal battle as lead plaintiff challenging the California requirement for six years. California’s Proposition 65 requirement threatened the use of glyphosate by requiring false and misleading labels on products that may contain glyphosate. We are pleased to see this action taken today by the court.”

Glyphosate is approved for application in over 250 agricultural crops throughout the United States.  Despite scientific findings from hundreds of studies and conclusions by the U.S. Environmental Protection Agency (EPA), the National Institutes of Health (NIH), and regulatory agencies around the world that glyphosate is safe for use, California added glyphosate to the state’s Prop 65 list of possible carcinogens. 

Additional plaintiffs include the Agribusiness Association of Iowa, the Agricultural Retailers Association, Associated Industries of Missouri, Iowa Soybean Association, Missouri Chamber of Commerce and Industry, CropLife America, Missouri Farm Bureau, National Corn Growers Association, North Dakota Grain Growers Association, South Dakota Agri-Business Association and United States Durum Growers Association. 



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