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By John Kristensen of Kristensen, LLP posted in Other on Friday, February 23, 2018.
Federal Judge Halts Requirement for Glyphosate Cancer Warnings on Food Products

Much to the satisfaction of the National Association of Wheat Growers, and other plaintiffs involved in a lawsuit regarding a legal requirement for cancer warning labels to be displayed on foods where traces of glyphosate could be present, on February 26, a federal judge ruled to temporarily remove the labelling requirement. Several agricultural groups combined to sue the state over the requirement, which they claim was forcing retailers to display misleading warnings on their products, which is a violation of the 1st Amendment’s free speech provision. However, the ruling will not remove glyphosate from California’s official list of chemicals known to the state as causing cancer.

Should Glyphosate Be Removed from Proposition 65 List?

Proposition 65, the Safe Drinking Water and Toxic Enforcement Act, requires all chemicals known to California as causing cancer to be listed and, at present, glyphosate is on that list. According to the agricultural groups involved in the lawsuit, the levels of the chemical required before any significant risk is posed to those confusing foodstuffs are far higher than will ever be present. It is believed that the issue will mostly be resolved later in 2018, when a minimum threshold will be implemented, meaning labelling is only required when a specific level of glyphosate traces is reached. Those behind the lawsuit have stated that adding a cancer risk warning to food labels is misleading, and could cause unnecessary worry to consumers.

However, if trace amounts of the chemical were found to be carcinogenic in the future, would removing glyphosate from the Proposition 65 list potentially leave food producers open to defective products lawsuits?

Defective Product Law in Los Angeles

Under California law, as is applicable in Los Angeles, defective product lawsuits may be filed where injury or illness has occurred due to:

  • A defect in design – where a defect or flaw in the design of a product makes it unsafe for consumers to use the item as intended
  • A defect in manufacturing – where a mistake made during the manufacturing process makes a product dangerous
  • A defect in warning – where insufficient warnings or instructions were provided, meaning consumers were not aware of potential hazards or risks involved in using a product

When you bring a product defect case, you may be able to file on the grounds of either negligence or strict liability. A Los Angeles defective products attorney can advise on the most suitable course of action for your specific case.

Do You Need a Los Angeles Defective Products Attorney?

Through extensive experience, the legal team at Kristensen LLP recognize that people filing personal injury or defective products lawsuits can face a number of obstacles. Working alone, these may seem insurmountable, perhaps leading you to feel as though your case isn’t worth pursuing. Don’t give up – with a knowledgeable, dedicated Los Angeles defective products attorney providing outstanding legal representation, the damages you recover could be maximized.

To discuss your defective products case with a skilled Los Angeles attorney, call us today on 310-984-1297.