On November 7, 2023, the Ninth Circuit affirmed the District Court for the Eastern District of California’s June 22, 2020, decision granting summary judgment in favor of Plaintiffs. The Ninth Circuit entered a permanent injunction enjoining the California Attorney General from enforcing Proposition 65’s (Prop 65) carcinogen warning requirement for the herbicide glyphosate. National Ass’n of Wheat Growers et al. v. Bonta (Opinion).The Ninth Circuit found that requiring the warning was unconstitutional as a violation of First Amendment free speech rights. This case and California Chamber of Commerce v. Council for Educ. and Research on Toxics are important cases with implications for companies facing Prop 65 warning requirements for other substances where the underlying scientific basis for listing also may be unclear and controversial. For more information, please read the full memorandum.