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 […]
New Mexico PFAS Labeling Rule Faces Appeal Over Free Speech, Agency Authority
A docketing statement has been filed in a state-court challenge to New Mexico’s near-universal PFAS labeling requirements, finalized by the New Mexico Environmental Improvement Board (EIB) in April as part of a broader rule implementing the state’s PFAS Protection Act (HB 212). The docketing statement, filed June 22, 2026, identifies four issues on appeal: First […]
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 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 […]
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 […]
Court denies motion to stay SEC conflict minerals rule, disclosures required by June 2.
Last week, the saga of the U.S. Securities and Exchange Commission’s (SEC) conflict minerals disclosure rule took another turn as the U.S. Court of Appeals for the District of Columbia Circuit denied an emergency motion filed by industry groups to stay the rule. The rule, known as Exchange Act Rule 13p-1, was authorized by section […]
D.C. Circuit Court partially strikes down SEC conflict minerals rule.
On Monday, a federal appeals court struck down a rule implementing the Dodd-Frank Act’s requirement that companies disclose whether their products contain conflict materials originating from the Democratic Republic of Congo (DRC), or adjoining countries. A divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit ruled [PDF] that the U.S. Securities […]