Roundup Cancerous: Court rules Monsanto can’t stop Calif. from saying so

On Monday, June 26, 2017, the California Supreme Court rejected Monsanto’s efforts to stop the state from listing glyphosate as a cancer-causing chemical. Roundup is cancerous, and the court ruled that Monsanto can’t stop California from saying so. Roundup poison’s main active ingredient will henceforth remain on California’s  carcinogen list. Monsanto’s play to overturn the state’s regulations was also rejected by a lower appeals court.

Glyphosate Causes Cancer

Meanwhile, Monsanto’s appeal is still pending in California’s Fifth District. The state Supreme Court nevertheless rejected Monsanto’s request that the ruling in question be delayed while the appeal is sorted out. That ruling sends glyphosate to a list of chemicals determined by the state to be cancer-causing agents. A ballot initiative called Proposition 65 requires that glyphosate be listed as a probable carcinogen, said the Office of Environmental Health Hazard Assessment in a statement Monday. Glyphosate is the main active ingredient in Roundup, and it’s a well-known fact that Roundup is much more toxic than glyphosate itself.

Monsanto Fails to Override California Law
“Monsanto’s challenge was unsuccessful in the trial court,” said OEHHA in its statement. “Although the case has been appealed, no stay of the listing has been granted. Therefore, glyphosate is being added to the Proposition 65 list on July 7, 2017.”

Glyphosate Probable Human Carcinogen
On June 15, 2017, the appellate court rejected Monsanto’s request to stay a decision from the lower court, public documents show. The lower court’s decision, reached in March, rejected the chemical company’s claims that OEHHA violated the state constitution by delegating its authority to the International Agency for Research on Cancer. OEHHA relied on the IARC assessment that glyphosate is a probable human carcinogen.

People say it’s Poison, Corporations say it’s Safe
Several environmental groups sided with the state and several agricultural industry groups supported Monsanto in the case.

Proposition 65 requires Glyphosate Cancer Listing
Proposition 65 was a California state ballot initiative approved in 1986. It requires the state to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm.

Judge Rejects Monsanto Free Speech Claim
In the lower court’s March 2017 ruling, the judge rejected Monsanto’s claim that listing glyphosate would violate its right to free speech under the state and federal constitutions. The judge also rejected Monsanto’s argument that a listing would force it to include a warning label regarding the possible cancerous effects of glyphosate. Monsanto attorneys ludicrously argued that such a warning would be false and misleading, and would not advance any legitimate or substantial government interest.

Related: Monsanto sued for False Advertising

The lower court agreed with the state office that Monsanto’s First Amendment claim is not ripe for adjudication because the mere listing of glyphosate does not require Monsanto to provide a warning. In fact, the biotech bully from Missouri may never be required to give such a warning. The judge also noted the hazard assessment office has the discretion to determine that glyphosate poses no significant risk of causing cancer even if it is placed on the Proposition 65 list.

Monsanto Roundup Lawsuit
Meanwhile, Monsanto is being sued by hundreds of farmers and other agriculture workers, gardeners and homeowners who used Roundup extensively and developed non-Hodgkin’s lymphoma (NHL), Multiple Myeloma, Chronic Lymphocytic Leukemia (CLL), or Hairy Cell Leukemia (HCL).

The California Office of Environmental Health Hazard Assessment is represented by Laura Julie Zuckerman of the California Office of the Attorney General.

Roundup Cancerous: Court rules Monsanto can’t stop Calif. from saying so

The case is Monsanto Co. v. Office of Environmental Health Hazard Assessment et al., case number S242595, in the California Supreme Court.

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