Lynn L. Bergeson, “What is False and Misleading is Anyone’s Guess,” American College of Environmental Lawyers (ACOEL) Blog, July 8, 2024.

A federal district court recently issued an Order to enjoin enforcement of California’s Proposition 65 warnings related to titanium dioxide in cosmetics and personal care products. This is the third case successfully challenging Prop 65 warnings on First Amendment grounds, with previous cases involving glyphosate and acrylamide, as discussed in our FIFRA blog. These are important cases with implications for companies facing Prop 65 warnings for other substances where the underlying scientific basis for listing is anything but clear and noncontroversial (as is often the case).