A divided U.S. Court of Appeals for the Ninth Circuit panel on Tuesday struck down California’s latest proposed cancer warning for an ingredient in the weedkiller Roundup, delivering a win for agricultural producers and businesses that challenged the warning under the First Amendment.

Judge Consuelo Callahan, writing for the 2-1 majority, said the state’s latest warning for glyphosate—required under Proposition 65 passed by California voters—contains language about the chemical’s carcinogenic effects that the scientific community does not agree on.