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California Court’s Inaction On TiO2 Prop 65 First Amendment Case Breeds New Lawsuits

 
• By Lauren Nardella

The Personal Care Products Council seeks to stem the rising tide of titanium dioxide Proposition 65 lawsuits, requesting that a California court prohibit the state’s Attorney General and private enforcers from filing and/or prosecuting new suits against cosmetics companies failing to warn about potential TiO2 exposure.

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Private enforcer lawsuits are on the rise as PCPC's motion for preliminary injunction remains pending in California's Eastern District. • Source: Shutterstock

Titanium dioxide preliminary violation notices and lawsuits from Proposition 65 private enforcers have ballooned in the last six months, following a motion from the Personal Care Products Council that asked a California court to halt enforcement action on such cases while it assesses if required titanium dioxide cancer warnings on cosmetic products violate companies’ First Amendment rights.

In a 3 April

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