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TiO2 Prop 65 Dismissal Offers Lessons, Renews Hope For Industry

 
• By Lauren Nardella

A win for industry in California Prop 65 litigation targeting titanium dioxide-containing cosmetics illustrates the importance of getting involved early in the listing process and challenging the factual basis for exposure claims. Morrison & Foerster attorney Michael Steel discusses the case and its takeaways.

In a win for the cosmetics and personal care products industry, a California court dismissed the Public Interest Alliance’s Proposition 65 complaint that nearly 100 firms failed to warn that their products could expose consumers to a specific form of titanium dioxide.

The consumer advocacy group filed the suit in 2013 after California's Office of Environmental Health Hazard Assessment added TiO2 "in unbound, airborne particles of respirable size" to Prop 65, which followed the International Agency for Cancer Research's 2011 conclusion that TiO2 is "possibly carcinogenic" Also see "

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• By Eileen Francis

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More from North America

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The Washington State Department of Ecology will try to work with companies that violate the Toxic Free Cosmetics Act, rather than reflexively imposing the $5,000-per-violation fine for first-time offenders, says the law’s implementation planner. She noted financial assistance is available for small businesses, as well as incentives for companies adopting measures “beyond compliance.”

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