Cosmetics Firms Held “Hostage” By Prop 65 Litigators; Law Changes Possible

Proposition 65 lawsuits have increased for the cosmetics industry with the expiration of a grace period for new ingredients added to California’s list of substances linked to cancer or reproductive toxicity. Attorneys from Edwards Wildman offer perspective on the issue and its impact on industry.

The cosmetics industry has seen an uptick in plaintiffs’ lawsuits as the grace period for compliance with new ingredients added to California’s Proposition 65 list expires, though there is movement afoot in the legislature and governor’s office to potentially modify the regulation.

Proposition 65, or the state’s Safe Drinking Water and Toxic Enforcement Act, requires manufacturers to disclose to consumers the presence of chemicals with suspected carcinogenic or reproductive toxicity risks when exposure levels

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