Contact us with your California corporate & securities law questions (949) 353-6347 or Contact us here

Court Holds International Cancer Agency Is Not A Private Corporation

More than a half century ago, the World Health Assembly established the International Agency for Research on Cancer as the specialized cancer agency of the World Health Organization.  Although headquartered in Lyon, France, the IARC has a critical role under California's Safe Drinking Water and Toxic Enforcement Act of 1986 (aka Proposition 65) which relies on the IARC to identify known carcinogens pursuant to Labor Code § 6382.

Monsanto Company challenged IARC's role under Proposition 65 as violating Article II, § 12 which provides:

"No amendment to the Constitution, and no statute proposed to the electors by the Legislature or by initiative, that . . . names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the electors of have any effect."

Yesterday, the Court of Appeal found that the IARC's formation as an intergovernmental agency under international law and its oversight and general management by United States and foreign government agents demonstrate that the IARC is not a private corporation under Article II, § 12.   Monsanto Co. v. Office of Environmental Health Hazard Assessment; California Citrus Mutual; Center for Food Safety, 2017 Cal. LEXIS 4696.  The remarkable denouement of this holding is that foreign private citizens working for an agency under international control are empowered to make decisions for the State of California.

Share on:

ANY QUESTIONS REGARDING CALIFORNIA CORPORATE AND SECURITIES LAW? CONTACT US DIRECTLY

We offer expert advice with the intricacies of California law.

Our years of experience and expertise allow us to help clients navigate the business laws in California.

CONTACT US

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

ABOUT OUR AUTHOR

30172DBAB0084D3A8F39D7AF0A8E79BC.ashx Keith Paul Bishop
Partner at Allen Matkins
(949) 353-6328
 Contact me
Learn More About Keith

nominee-badge

Get the latest news and analysis about California Corporate & Securities law. Subscribe to our newsletter today!

We respect your email privacy

CATEGORIES

see all

RECOGNITION

YOUTUBE

FACEBOOK