Prop 65 Litigators Turning Sights On Beauty Industry, Lawyer Says
This article was originally published in The Rose Sheet
Prop 65 suits tend to hit industries in waves, and there are indications that the beauty industry is next, says Angela Diesch, attorney for Sacrament, Calif.-based Greenberg Traurig. Marketers of products containing methyl eugenol, lead or cocamide DEA should ensure they are complying with the California law.
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Oakland, Calif.-based Center for Environmental Health calls out more than 100 manufacturers and retailers of cocamide deithanolamine-containing products that it says are noncompliant with the state’s Proposition 65 regulation. CEH has filed suit against four of them.
California Gov. Jerry Brown wants to cap attorney fees and settlement funds in Prop 65 cases and require expanded plaintiff disclosures and demonstrations of supporting evidence before litigation can proceed, among other proposed measures designed to reduce frivolous lawsuits against industry members.
Class-action suits against beauty firms on the rise as industry pushes the envelope with claims and FDA warning letters draw attention from class-action law firms, legal experts note. Hogan Lovells attorney Mark Goodman says: “I don’t see this [trend] going away anytime soon.”