Recent Increase in Prop 65 60-Day Notices Targeting Diethanolamine in Cosmetics

Farella Braun + Martel LLP
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Farella Braun + Martel LLP

There has been a recent increase in the number of Prop 65 60-Day Notices targeting diethanolamine in cosmetics.  Diethanolamine is generally used in cosmetics as an emulsifier and to adjust pH, and it was listed under Prop 65 as a chemical known to the state of California to cause cancer in 2012.  After receiving relatively little attention in the decade after being listed, diethanolamine has been the subject of a significant number of 60-Day Notices in 2024.  For example, in addition to numerous Notices targeting diethanolamine in other cosmetic products in 2024, diethanolamine has been the subject of more than a hundred 60-Day Notices filed by private enforcers targeting mascara.

Although it appears to have escaped the attention of private enforcers for a number of years, diethanolamine in cosmetics now appears to be a popular target for private enforcers.  Cosmetic companies may thus want to take a closer look at their Prop 65 risk from diethanolamine.

More information on diethanolamine’s Prop 65 listing can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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