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Federal judge rules against California’s attorney general over glyphosate

Washington, D.C. – U.S. District Court Judge William Shubb for the Eastern District of California upheld the preliminary injunction prohibiting California from enforcing its Prop 65 labeling requirement for glyphosate until a final ruling on the matter is issued by the court.

California's Proposition 65, also called the Safe Drinking Water and Toxic Enforcement Act, was enacted in 1986. Its intent is to help Californians make informed decisions about protecting themselves from chemicals known to cause cancer, birth defects or other reproductive harm. The state's Office of Environmental Health Hazard Assessment in March 2017 posted a notice on its website that it would add glyphosate to its list of cancer-causing chemicals. It was added to the list on July 7, 2017. Shubb in February issued a preliminary injunction prohibiting California from implementing the labeling requirement.

California Attorney General Xavier Beccera had filed a motion to lift a preliminary injunction issued by the court in February prohibiting the state from enforcing its labeling requirement. That motion was denied by Shubb, who upheld the preliminary injunction prohibiting the state from enforcing its Prop 65 labeling requirement for glyphosate until all of the facts are considered by the court.

“California is attempting to implement a policy that would cause damage to American farmers,” said Chandler Goule, CEO for the National Association of Wheat Growers.  “The facts and science are on our side which show that glyphosate is safe for use. Farmers and growers are defending U.S. agriculture against California’s false and misleading Prop 65 labeling requirement, and maintaining this preliminary injunction is another win for them.”

In the order, Shubb ruled the state’s additional arguments “[do] not change the fact that the overwhelming majority of agencies that that have examined glyphosate have determined it is not a cancer risk.” He also reiterated that “the heavy weight of evidence in the record is that glyphosate is not known to cause cancer.”

The National Association of Wheat Growers are the lead plaintiff in the case against California filed in the U.S. District Court for the Eastern District of California. The 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.

For more information on the national agriculture coalition and glyphosate go to FixProp65.com.

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