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.

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