Prop 65 Roundup - September 2025

ArentFox Schiff

Prop 65 Counsel: What To Know

California Finally Proposes a Prop 65 Cancer Safe Harbor Level for DEA

On August 22, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a proposed rule establishing a new Proposition 65 no-significant-risk level (NSRL) for diethanolamine (DEA), first listed for cancer in 2012.

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Federal Court Blocks Prop 65 Warning for Titanium Dioxide in Cosmetics

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 particles of respirable size) in cosmetics and personal care products is unconstitutional under the First Amendment.

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OEHHA Notices

Proposition 65 Compliance Guidance and Regulatory Updates for Businesses (webinar rerun)

OEHHA’s Proposition 65 Implementation Team will host another presentation that will help businesses understand and comply with Proposition 65. The presentation will provide an overview of business requirements under Prop 65, who is required to provide warnings, how to determine whether a warning is required, and how to provide warnings.

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Proposed Rulemaking: Title 27 California Code of Regulations, Section 25705 NSRL for 1-Bromopropane and DEA

OEHHA proposes to adopt Proposition 65 NSRLs for 1-bromopropane and DEA by amending Title 27, California Code of Regulations, section 25705(b)(1).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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