In ongoing Prop 65 litigation, litigants are debating whether the plaintiff has met the required burden of proof to link manufacturers of titanium-dioxide containing cosmetics to the listed ingredient form – i.e., “airborne, unbound particles of respirable size.”
Airborne TiO2 Of Respirable Size? Litigation Goes On Under Prop 65
In an ongoing Prop 65 case targeting sun-protection and powder-cosmetics manufacturers, the Public Interest Alliance maintains it has demonstrated likely exposure to titanium dioxide particles that are airborne, unbound and of respirable size, as characterized by the Prop 65 listing. However, defendants argue the plaintiff must conduct air-monitor testing to prove that all products named in the suit contain particles of that form, with associated exposure risks.
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