Dismissal Of TiO2 Prop 65 Case Offers Lessons, Renewed Hope For Industry
This article was originally published in The Rose Sheet
A legal 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.
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Industry no doubt is less disappointed by the state’s 2018-2019 budget, approved by lawmakers June 14, than the NGOs that pushed for additional resources to strengthen California’s Safe Cosmetics Program. The funding proposal was approved by Senate and Assembly committees but ultimately got the ax.
"Natural" claims on cosmetic products continued to be a fiercely contested issue in federal courts in 2015, with further developments expected in the new year that will help to clarify marketers' legal responsibilities. Meanwhile, proposed updates to California's Prop 65 chemicals list and warning requirements raised concerns about increased litigation under the controversial program.
California’s Office of Environmental Health Hazard Assessment has proposed creation of a website to provide consumers with information on products containing ingredients subject to Proposition 65 reporting. The regulatory proposal would require firms to provide, at OEHHA’s request, data for the website regarding ingredient concentrations, exposure pathways and/or estimated exposure levels.