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National Law Review
National Law Review
7/23/2026
Proposition 65: California Attorney General Stipulates to Judgment Prohibiting Warning Requirements for DEA

Proposition 65: California Attorney General Stipulates to Judgment Prohibiting Warning Requirements for DEA

Short summary

A federal court permanently enjoined the California Attorney General from enforcing Proposition 65 cancer warning requirements for diethanolamine (DEA) in cosmetics, ruling the compelled warnings violate the First Amendment given unsettled science. The PCPC challenged that DEA's cancer link was only observed in mice and doesn't apply to human skin application. Private enforcers remain ambiguously unaffected, so companies should approach broad compliance changes cautiously.

  • Federal court enjoins Prop 65 DEA cancer warnings as unconstitutional compelled speech
  • Science linking DEA to cancer in humans is disputed; only observed in mice
  • Private enforcers not explicitly barred, creating compliance ambiguity

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