California Barred from Enforcing Prop 65 DEA Warning After First Amendment Challenge
On June 24, 2026, the U.S. District Court for the Eastern District of California entered a final judgment and permanent injunction barring the Attorney General from enforcing Proposition 65’s cancer-warning requirement for diethanolamine (DEA) in cosmetics. The judgment adopts a stipulation that the Personal Care Products Council (PCPC) and Attorney General Rob Bonta filed the day […]
OEHHA Moves to List Four New Carcinogens Under Prop 65
On May 8, 2026, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) announced its intent to list four substances as known to the state to cause cancer under Proposition 65: Welding fumes Hydrochlorothiazide Voriconazole Tacrolimus All four listings are being proposed pursuant the labor code mechanism. They follow International Agency for […]
Latest Prop 65 Challenge Targets DEA After Series of Industry Wins
A cosmetics industry trade group is asking the Eastern District of California to enjoin a Proposition 65 warning for diethanolamine (DEA), arguing that the label disclosure violates the First Amendment. The suit was filed March 2, 2026, by the Personal Care Products Council (PCPC). It follows a string of court victories challenging other Prop 65 warning […]
Prop 65 Updates: New MFH Listing and BPS Developmental Toxicity Endpoint Added
On December 5, 2025, California’s Office of Environmental Health Hazard Assessment (OEHHA) announced the addition of N-methyl-N-formylhydrazine (MFH) to the Prop 65 list as a carcinogen. On the same day, OEHHA also announced that it is adding the developmental toxicity endpoint to the listing for bisphenol S (BPS). Both listings took effect December 8, 2025. […]
Prop 65 Warning for Titanium Dioxide Struck Down
California’s Proposition 65 warning requirement for respirable titanium dioxide violates the First Amendment, the District Court for the Eastern District of California ruled on August 12, 2025, in The Personal Care Products Council v. Bonta, No. 2:23-cv-01006. The decision is the latest in a series of rulings invalidating Prop 65 warnings for chemicals with disputed […]
Court Blocks Prop 65 Acrylamide Warning for Food Products
On May 2, 2025, the District Court for the Eastern District of California ruled that California’s Proposition 65 (Prop 65) warning requirement for dietary acrylamide constitutes unconstitutional compelled speech, granting a permanent injunction barring its enforcement in California Chamber of Commerce v. Bonta, No. 2:19-cv-02019. The court acknowledged that the entirety of the warning requirement—which […]
OEHHA Proposes Additional Changes to Prop 65 Warning Requirements
On June 13, 2024, California’s Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing changes to Proposition 65’s warning requirements. The proposed changes revise proposed amendments to Proposition 65 published in October 2023, discussed in a previous blog post. If implemented, the June 2024 proposal would revise the October 2023 proposal by: Delaying […]
California Glyphosate Warning Requirement Ruled Unconstitutional Compelled Speech
California’s requirement that glyphosate-containing products display a carcinogen warning violates the First Amendment, a Ninth Circuit Court of Appeals panel ruled in a 2-1 decision on November 7, 2023. The decision in the case Nat’l Assoc. of Wheat Growers v. Bonta affirmed a district court’s summary judgment and injunction against the requirement. Proposition 65 (known […]
OEHHA Proposes Amendments to Prop 65 Warning Requirements
This October, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to the “safe harbor” warning requirements under Proposition 65, the California Law that requires businesses with at least ten employees to provide a “clear and reasonable” warning to customers about exposures to chemicals known to the state of California to cause cancer […]
New Study Finds Multiple Toxic Chemicals in Consumer Products
This May, the American Chemical Society published a new study evaluating the presence of toxic chemicals in consumer products. The study found use of at least one chemical known to the state of California to cause cancer, reproductive issues, and/or developmental issues in over one hundred types of consumer products. The study’s authors used data […]