A U.S. District Court recently barred enforcement of California’s Proposition 65 warning requirement on the First Amendment ground of “compelled speech.” Proposition 65 requires businesses to provide warnings to consumers before exposing them to over 900 chemicals linked to cancer or reproductive toxicity. Although the State of California will almost certainly appeal the decision, National Association of Wheat Growers et al., v. Xavier Becerra[1] could be a turning point for Proposition 65 and set the stage for further challenges to consumer product warning labels on First Amendment grounds.
Continue Reading Recent district court decision limits Proposition 65 warnings on First Amendment ‘compelled speech’ grounds