California Prop 65: DEA Judgment Reinforces First Amendment Limits on Warning Requirements

Short summary

A California court judgment bars Prop 65 enforcement of warning requirements for DEA in personal care products, affirming First Amendment limits on scientifically disputed claims. Recent court decisions prevent California from mandating warnings that communicate unresolved scientific debates about chemical safety. Companies in cosmetics should review pending enforcement actions involving DEA or other disputed chemicals, as similar constitutional defenses may apply.

• •First Amendment prevents enforcement of Prop 65 warnings for chemicals with disputed toxicity evidence
• •DEA in cosmetics is now protected from enforcement following this judgment
• •Other chemicals with disputed science (glyphosate, acrylamide, titanium dioxide) have similar protections

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