The attorneys general are asking the U.S. Environmental Protection Agency (EPA) to create a “farming freedom” rule that would state that the cancer warning runs contrary to the EPA’s research and is, therefore, “misbranding.”
The Iowa and Nebraska attorneys general are joined in their petition by Indiana, Louisiana, Montana, Alabama, Arkansas, Georgia, North Dakota, South Carolina, and South Dakota.
Their argument refers to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which requires the Biden administration to approve any pesticide warning labels. They say that the California mandate flies in the face of the EPA’s research.
The EPA has found no evidence that glyphosate causes cancer in humans, but in 2017, California issued a rule requiring it to be added to a list of potential carcinogens.
The labels were required under California’s Proposition 65 “right to know” law after the World Health Organization’s International Agency for Research on Cancer (IARC) concluded that the pesticide increased cancer risk in lab rats.
Glyphosate is found in Roundup, the most widely used weed killer in the world. Despite the EPA’s findings, Roundup has been the subject of thousands of lawsuits across the country, and its manufacturer, Bayer-Monsanto, has paid out billions in settlements.
But other organizations, including another branch of the World Health Organization, came to a different conclusion.
The California warning requirement was blocked as unconstitutional by a federal court in 2020, and a California appeals court upheld that ruling in 2023, saying the cancer risk was “at best, disputed.”
Such a ban “will achieve the opposite of what we want to achieve for society, namely less use of herbicides,” said senior researcher Pieter de Wolf.