SACRAMENTO, Calif. (Legal Newsline) — A cosmetic industry organization claims California's requirement for a cancer warning on products containing titanium dioxide violates First Amendment rights.
The Personal Care Products Council filed a complaint May 26 in the U.S. District Court for the Eastern District of California against Rob Bonta, in his official capacity as Attorney General of the State of California, alleging violation of the First Amendment and other claims.
According to the plaintiff's complaint, it is a cosmetic industry organization whose members supply ingredients for cosmetic and personal care products. It alleges that California's Proposition 65 to require a cancer warning for cosmetic and personal care products that contain titanium dioxide is a false and misleading warning.
The plaintiff claims that California's Office of Environmental Health Hazard Assessment (OEHHA) listing of titanium dioxide as a chemical causing cancer came without its own independent scientific determination and that "no regulatory agency anywhere in the world formally determined" it to cause cancer in humans.
It further claims the Proposition 65 cancer warning conveys a false and misleading message to consumers without any reliable evidence titanium dioxide increases the risk of cancer in humans.
The plaintiffs seek monetary relief, interest and all other just relief. They are represented by Trenton Norris, David Barnes and Alexander Tablan of Hogan Lovells US LLP in San Francisco.
U.S. District Court for the Eastern District of California case number 2:23-CV-01006-JDP