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Proposition 65 First Amendment Manufacturers

King & Spalding

New Federal Court Decision Holds Proposition 65 Warnings Are Not Required Where There Was No Scientific Consensus on the...

King & Spalding on

In an important decision under California’s Proposition 65, a federal court recently ruled that businesses cannot be required to provide a product warning under Proposition 65 where there is no scientific consensus on whether...more

Bergeson & Campbell, P.C.

Ninth Circuit Finds Glyphosate Prop 65 Warning Unconstitutional

On November 7, 2023, the Ninth Circuit affirmed the District Court for the Eastern District of California’s (District Court) June 22, 2020, decision granting summary judgment in favor of Plaintiffs. The Ninth Circuit entered...more

WilmerHale

Prop 65 Warnings for Glyphosate Found To Violate First Amendment

WilmerHale on

On November 7, 2023, the US Court of Appeals for the Ninth Circuit held that California’s Prop 65 warning for glyphosate—the active ingredient in the herbicide Roundup®—violates the First Amendment. The court determined that...more

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