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Monsanto Denied Hearing to Challenge the Inclusion of Glyphosate on California’s Cancer List

By August 26, 2018RoundUp Tort

In response to the International Agency for Research on Cancer (IARC) of the World Health Organization (WHO) report in 2015 that deemed glyphosate as "probably carcinogenic", the state of California quickly responded by issuing a notice of intent to place glyphosate on its Proposition 65 list. This list, for reference, is a list of chemicals that are "known" to cause cancer by the state of California. 

California’s Office of Environmental Health Hazard Assessment announcement that glyphosate — and, by extension, Monsanto’s Roundup product that contains glyphosate — was intended for listing under Proposition 65 in 2015. It did not take long for Monsanto to file a lawsuit seeking the removal of glyphosate from the Proposition 65 list of known carcinogens, and this legal battle has been ongoing for years now.

However, a significant legal blow was dealt to Monsanto in August of 2018 when the California Supreme Court chose to deny a hearing regarding Monsanto’s Proposition 65 challenge.

What the California Supreme Court Means for Glyphosate’s Prop 65 Treatment

Now that California’s Supreme Court has made its intentions clear by way of a denied hearing, this means that the state’s lower court decisions will ultimately uphold the way Proposition 65 has worked since it was first passed in 1986.

Specifically, at issue in the legal battle was whether a voter-approved initiative that allowed outside expert scientific findings to be considered for adding chemicals to the Proposition 65 list. Namely, Monsanto did not want the IARC and WHO findings to be viewed as independent grounds for adding glyphosate to Proposition 65. A California trial court dismissed Monsanto’s case in 2017, and the California Court of Appeal also chose to affirm the trial court’s judgment in 2018.

Now, with the Supreme Court’s refusal to hear the challenge, it is safe to say for the time being that glyphosate will remain on California’s list of chemicals that are known to cause cancer. This decision came mere days after the landmark $289 verdict awarded to a California groundskeeper who was diagnosed with terminal non-Hodgkin’s lymphoma after using Roundup. In the lawsuit, the jury found that Monsanto acted with "malice" or "oppression", which means that Monsanto’s perceived bad actions were a significant reason why the groundskeeper was awarded hundreds of millions in compensation.

Talk to a Ledger Law Roundup Cancer Attorney in California

If you or a California loved one believe your cancer diagnosis was caused by Roundup because it uses glyphosate, a Roundup cancer lawyer at The Ledger Law Firm will discuss your claim and right to legal compensation. Our law firm protects the legal rights of victims whose cancer was caused by legally responsible parties, and we have earned a national reputation for helping victims recover millions in compensation.

Our national law firm has regional and local California offices that ensure you can speak with a California Roundup cancer lawyer at a Ledger Law office near you. Contact us online to take legal action if you or a loved one has been diagnosed with cancer after using Roundup weedkiller.