Federal court enjoins new lawsuits to enforce Prop 65 warnings for listed titanium dioxide in cosmetic and personal care products

On August 12, 2025, the District Court for the Eastern District of California enjoined the filing and prosecution of new lawsuits to enforce Prop 65 warning requirements for cancer regarding listed titanium dioxide – namely, titanium dioxide consisting of airborne, unbound particles of respirable size – in cosmetics and personal care products. 

The plaintiff in the lawsuit, The Personal Care Products Council, is a nonprofit business association with members involved in the supply chain for cosmetic and personal care products that contain listed titanium dioxide, and the Court found that Prop 65 warnings for cancer regarding listed titanium dioxide are compelled commercial speech that violates the First Amendment. 

The Court’s order enjoins new lawsuits to enforce Prop 65 warnings for cancer regarding listed titanium dioxide in cosmetics and personal care products, and specifies that it does not alter any existing consent judgments, settlements, or agreements related to Prop 65 warning requirements. 

The Court’s order in The Personal Care Products Council v. Bonta (Case No. 2:23-cv-01006-TLN-JDP) can be found here.