National Association of Wheat Growers, et al. v. Bonta
(U.S. Court of Appeals for the 9th Circuit, November 7, 2023) The Ninth Circuit Court of Appeals struck down a California law requiring a warning label on products containing glyphosate as a violation of companies’ First Amendment rights. Glyphosate is commonly used in pesticides and has been found to be “probably carcinogenic” in humans by the International Agency for Research on Cancer. Under California law, a product containing glyphosate must bear a warning about potential cancer risk. The Court found the required warning labels to be compelled speech that violates the First Amendment because there is significant dispute in the scientific community about whether the chemical causes cancer. Without a deeper factual link, the State may not force manufacturers to include a cancer warning on their products. Read the full Opinion here.