Nicole M. Baade

Nov 9, 2023 | lexology.com | David Carpenter |Maureen Gorsen |Nicole M. Baade

In a major development under California’s Proposition 65 (Prop 65), the U.S. Court of Appeals for the Ninth Circuit held that California cannot require carcinogen warnings for exposures to glyphosate, a chemical commonly used in herbicides. This development follows a similar Ninth Circuit decision issued last year regarding exposures to acrylamide in food. These decisions suggest that many more companies could have grounds to challenge Prop 65 warnings applicable to their products.