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First Amendment › Warning Labels › Cosmetics

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
ArentFox Schiff

Federal Court Blocks Prop 65 Warning for Titanium Dioxide in Cosmetics

ArentFox Schiff on

In an order filed on August 12, the US District Court for the Eastern District of California ruled that California’s Proposition 65 cancer warning requirement for certain listed forms of titanium dioxide (airborne, unbound...more

Greenberg Glusker LLP

Sparkle Without Warnings: Federal Court Strikes Down Prop 65 Titanium Dioxide Cancer Warnings in Cosmetics:

Greenberg Glusker LLP on

On August 11, 2025, the U.S. District Court for the Eastern District of California issued a significant ruling in Personal Care Products Council v. Bonta, striking down California’s Proposition 65 (“Prop 65”) cancer warning...more

Morgan Lewis

Court Holds Prop 65 TiO2 Warning Violates First Amendment in Cosmetics and Personal Care Products Industry Win

Morgan Lewis on

In a decision building on a string of recent industry wins, a federal district court granted a permanent injunction, which extended an earlier issued preliminary injunction, prohibiting the filing of new lawsuits to enforce...more

Hogan Lovells

In major win for cosmetics industry, First Amendment bars new Proposition 65 lawsuits for titanium dioxide

Hogan Lovells on

On June 12, 2024, the U.S. District Court for the Eastern District of California preliminarily enjoined the California Attorney General and all private enforcers of California Proposition 65 from filing new lawsuits to...more

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