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

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.

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