Signaling renewed interest in a longstanding area of tension between federal and California labeling requirements for pesticide products, the U.S. Environmental Protection Agency (EPA) recently extended the public comment period for a petition that seeks to bar use of state-mandated cancer risk warnings such as those required under California's Proposition 65 on pesticide labeling.
The petition -- originally submitted to EPA on August 7, 2024 by the Attorneys General of Alabama, Arkansas, Georgia, Indiana, Iowa, Louisiana, Montana, Nebraska, North Dakota, South Carolina, and South Dakota - was first made available to the public on January 21, 2025 with a 30-day comment deadline. EPA will now continue to accept comments from stakeholders and other members of the interested public for an additional 30 days, until March 24, 2025.
Background
Unless otherwise exempted, every pesticide must be registered under the Federal, Insecticide, Fungicide, and Rodenticide Act (FIFRA) based on EPA's determination that it will perform its intended function without causing unreasonable adverse effects to human health or the environment. To make these determinations, EPA assesses a wide variety of studies that must be submitted by pesticide registrants in accordance with detailed testing guidelines and requirements. Through the registration process, EPA also closely evaluates and approves the language that appears on each pesticide label, and FIFRA prohibits the distribution or sale of pesticides with labeling that bears any statement that is "false or misleading in any particular." 1
Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a California mandate that requires businesses in the state to provide warnings to consumers about potential chemical exposures. In 2017, California's Office of...
