Will Popular Proposition 65 Carcinogen-Listing Device Survive Constitutional Challenge?

grimaldi-bio-photo-warmGuest Commentary

By Ann Grimaldi, Principal, Grimaldi Law Offices

In a significant challenge to the so-called “Labor Code mechanism” of adding chemicals to the California Proposition 65 list, Monsanto Company filed a lawsuit against the California Office of Environmental Health Hazard Assessment (“OEHHA”) in response to the agency’s September 2015 proposal to list glyphosate—the active ingredient in Roundup® weed and grass herbicide products—as a carcinogen. Monsanto Company v. Office of Environmental Health Hazard Assessment, et al. (Fresno County Superior Court). Asserting violations of the U.S. and California Constitutions, Monsanto seeks an injunction against the agencies’ listing of glyphosate and a court declaration that the Labor Code listing mechanism violates the U.S. and California Constitutions as applied to the proposed listing. Continue reading “Will Popular Proposition 65 Carcinogen-Listing Device Survive Constitutional Challenge?”