Fresno County Superior Court Judge Kristi Kapetan previously issued a tentative ruling on Jan. 27 in Monsanto Company v. Office of Environmental Health Hazard Assessment, et al.
Roundup label: known to cause cancer
Judge Kapetan formalized her ruling Friday against Monsanto, which will allow California to proceed with the process of listing glyphosate, the active ingredient in Roundup, as a chemical “known to the state to cause cancer” in accordance with the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65.
In January of 2016, Monsanto filed a lawsuit against the State of California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) over the agency’s notice of intent to list glyphosate as a Prop 65 chemical.
OEHHA issued the notice after the World Health Organization’s International Agency for Research on Cancer (IARC) issued a report on glyphosate, which classified the chemical as a “probable human carcinogen.” The IARC report compelled OEHHA to list glyphosate as a Prop 65 chemical and warn consumers about the possible danger associated with glyphosate exposure.
Why Did Monsanto Sue the State of California?
In 1986, California voters approved Proposition 65 to address concerns about exposure to toxic chemicals. Prop 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm.
OEHHA is the administrator for the Proposition 65 program and determines in many cases whether chemicals or other substances meet the scientific and legal requirements to be placed on the Proposition 65 list. The agency uses a “Labor Code” listing mechanism, which directs the OEHHA to add chemicals or substances to the Prop 65 list of chemicals known to the state to cause cancer if they meet certain classifications by the IARC.
Monsanto’s lawsuit against OEHHA argued that the statutory basis underlying the agency’s action to list glyphosate as a Prop 65 chemical violates both the California and U.S. Constitutions. According to the complaint, listing glyphosate as chemical known to the state to cause cancer cedes regulatory authority to an “unelected, undemocratic, unaccountable, and foreign body” that isn’t subject to oversight by California or the United States.
Though, according Judge Kapetan ruling:
“… the Labor Code listing mechanism does not constitute an unconstitutional delegation of authority to an outside agency, since the voters and the legislature have established the basic legislative scheme and made the fundamental policy decision with regard to listing possible carcinogens under Proposition 65, and then allowed the IARC to make the highly technical fact-finding decisions with regard to which specific chemicals would be added to the list.
Intervenors on behalf of California are heard
“As Monsanto admits, the IARC’s list is not created in response to the Labor Code listing mechanism or Proposition 65, and in fact IARC has stated that it disavows any policy or rulemaking role, and that it does not intend its determinations to carry the force of law.”
In the months that followed, a number of interested nonparties joined the lawsuit as “intervenors,” either on behalf of Monsanto or on behalf of the State of California. When a case has the potential to affect the rights of interested nonparties (individuals or organizations not named in the lawsuit), they can become intervenors, effectively joining the litigation either as a matter of right or at the court’s discretion without the permission of the original litigants. Intervention simply gives nonparties that could be affected by a case’s outcome a chance to be heard.
Below are the intervenors in Monsanto Company v. Office of Environmental Health Hazard Assessment, et al.
- California Citrus Mutual
- Western Agricultural Processors Association (WAPA)
- California Cotton Ginners and Growers Associations
- California Grain & Feed Association
- Almond Alliance of California
- Western Plant Health Association
- Center for Food Safety
- Sierra Club
- United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (AFL-CIO, CLC)
- Natural Resources Defense Council
- Environmental Law Foundation
- Canadian Labor Congress
Teri McCall is one of many California residents to cheer the ruling against Monsanto. Her husband, Jack, sprayed Roundup on the family’s Cambia, California farm for nearly 30 years. In September 2015, Jack went to see a doctor to treat swollen lymph nodes in his neck. That day in the hospital, he learned that the swelling was caused by anaplastic large cell lymphoma (ALCL), a rare and aggressive version of non-Hodgkin lymphoma.
Wrongful death lawsuit against Monsanto
In the wake of her husband’s death, Teri McCall filed a wrongful death lawsuit against Monsanto, alleging the company knew about the link between Roundup and cancer, but failed to warn the public about the risk.
“My husband Jack was very conscious of the dangers of chemicals and his misfortune was taking Monsanto’s word that Roundup was safe,” McCall said at a press conference held in January in Fresno, California, following Judge Kapetan’s tentative ruling.
“I don’t want to see any more unsuspecting people die from cancer because they didn’t know of the danger to their health from exposure to Roundup. Glyphosate in Roundup needs to be on the list of Prop 65 chemicals that are dangerous to our health so that people can make informed decisions for themselves about the risks they are willing to take. I don’t believe my husband would have been willing to take that risk,” McCall said.
Gives Californians the right to protect themselves
It’s great to see democracy is alive and well in California where judges are still willing to stand up for science, even against the most powerful corporate polluters. This decision gives Californians the right to protect themselves and their families from chemical trespass.
I am representing Ms. McCall along with Baum, Hedlund, Aristei & Goldman. We are also representing 230 other plaintiffs (45 from California) who are suing Monsanto for non-Hodgkin lymphoma from exposure to Roundup, with more clients coming onboard every week.
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d) Hip Flexors
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Is Bread Really the Staff of Life… or the Stuff of Disease?
For most us, there are few foods more comforting than bread.
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And that smell… few scents are quite as pleasant as fresh bread baking in the oven.
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Of course, there are some who disagree…
Well-known cardiologist, Dr. William Davis, calls wheat “the perfect chronic poison.”
And for a poison, we sure eat lots of it…
The average American consumes 55 pounds of wheat flour every year, making refined flour the #1 source of calories in the American Diet – a situation that nutrition expert Chris Kresser describes as, “a public health catastrophe.”
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- Is it the perfect poison… or an essential daily food?
- Is “gluten-free” bread better for you than regular bread?
- And can you still eat bread… while maintaining a lean body and optimal health?
The answers to these questions may surprise you!
Be sure to read #5 – the biggest surprise of all!
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Sponsored Health Resources
In the years that I've been working on this website project I've come across some amazing resources by some very special people. I'd like to share them with you here.
NOTE: I update these links often so please check back to see what's new!
1) Everyone knows green smoothies are healthy right? Have you heard of a “red” smoothie? If not, check out this story…
2) Forget what you've read about 10-day lemonade cleanses, 7-day detoxes with green juices and Gwyneth's gruel. All you need to do, and this is perfect for Saturday or or anytime really, is a simple 1-day cleanse.
3) This “hidden survival muscle” in your body will boost your energy levels, immune system, sexual function, strength and athletic performance when unlocked.
4) I thought it was virtually impossible for a website to be able to tell me anything even a little bit insightful after only submitting my name and date of birth... I was wrong!
5) Turmeric is amazing. The problem is - It's hard to absorb!
6) Wonder why your stomach still sticks out even though you're hammering the core exercises every day? It's a common myth that bulging belly is due to weak abdominal muscles.
7) Even if you're the most active of athletes, you may still suffer from tight hip flexors due to the amount of time you spend each day planted to a chair.
Enjoy! Let me know how these work out for you. And if you run across anything I've missed please let me know.