On June 12, 2024, in Personal Care Products Council v. Bonita (No. 23-1006), the U.S. District Court for the Eastern District of California issued a preliminary injunction regarding enforcement of Prop 65's warning requirement for titanium dioxide (airborne, unbound particles of respirable size) in cosmetic and personal care products. This chemical was listed as a Prop 65 chemical known to cause cancer in September 2011, and the lawsuit alleges that Prop 65's warning requirement for this chemical violates the First Amendment prohibition on compelled commercial speech as applied to cosmetic and personal care products. The preliminary injunction prohibits public and private enforcers from filing or prosecuting new lawsuits to enforce Prop 65's warning requirement regarding this chemical, and it will remain in place until ordered otherwise by the court.

The decision can be found here.

The Court further GRANTS Plaintiff’s Motion for a Preliminary Injunction.

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