Cosmetics makers latest to challenge Prop. 65 labelsMay 31, 2023 – Media Mention
Environmental attorneys, Sedina Banks and Sherry Jackman, shared their insights with Daily Journal regarding a recently filed federal Complaint for Declaratory and Injunctive Relief brought by The Personal Care Products Council to enjoin the California Attorney General, private litigants, and others from enforcing the California Proposition 65 warning requirement for cancer with respect to titanium dioxide in cosmetic and personal care products.
"When there is a widespread presence of a certain Proposition 65 chemical in consumer products or foods, industry group challenges can be an effective way to address extensive targeting by Proposition 65 plaintiffs' attorneys as to that particular chemical and use," commented Sedina L. Banks and Sherry E. Jackman with Greenberg Glusker LLP, in an email.
They added, "This is a similar response to the acrylamide issue. ... We think there will be more of these types of cases, because individual challenges of California Proposition 65 fail to deter plaintiffs and are economically impracticable."