(IPPA) against California’s controversial Proposition 12, a ruling that maintains significant implications for pork producers nationwide.
The petition followed a 2024 decision by the U.S. Court of Appeals for the Ninth Circuit, which upheld Prop 12, requiring any pork sold in California—regardless of where it was produced—to come from pigs born to sows housed in 24 square feet of space and able to turn around freely. The law applies to all uncooked pork sold in California and has been viewed as a costly mandate for out-of-state producers.
The latest attempt to overturn the law had backing from 23 states. While the Court did not provide reasoning for its rejection, Justice Brett Kavanaugh stated he would have taken up the case.
Iowa Congressman Randy Feenstra criticized the decision, saying the law “makes hog farming needlessly more expensive, harms rural communities, and threatens food security.”
As pork producers continue adapting to Prop 12 regulations, the decision sends a clear message: future legal relief is unlikely from the high court.
SCOTUS Seeks Federal View on Bayer Roundup Lawsuit
In a separate move, the Supreme Court is requesting input from the federal government on whether to take up Bayer AG’s appeal related to its Roundup weedkiller and ongoing cancer litigation. This request signals the Court’s potential interest in clarifying legal limits on state-based product liability claims when federal regulators have approved labeling.
Bayer argues that failure-to-warn lawsuits are preempted by the U.S. Environmental Protection Agency’s decision not to require cancer warnings on Roundup’s label. The case has far-reaching implications for agriculture, with major ag groups like the American Farm Bureau, National Corn Growers Association, and American Soybean Association filing briefs in support of Bayer.
While Bayer has already paid about $10 billion in Roundup settlements, thousands of cases remain active. The outcome of this appeal could help determine future liability standards for ag input providers.
Swine Web Perspective
While the Prop 12 ruling continues to present challenges for U.S. pork producers marketing in California, it also underscores the importance of proactive adaptation. At the same time, the Court’s focus on the Roundup case may provide clarity for ag manufacturers and producers reliant on federally approved products.
We’ll continue tracking developments that impact pork production, food labeling laws, and agricultural risk management.
