The Office of Environmental Health Hazard Assessment (OEHHA), which is the agency tasked with implementing Proposition 65, has listed one very specific form of titanium dioxide on Proposition 65’s list of chemicals. Only airborne and unbound particles of respirable size titanium dioxide (Listed Titanium Dioxide) is on Proposition 65’s list. OEHHA listed that specific form of titanium dioxide as cancer-causing in humans, thus mandating a cancer warning on products containing it.
In the lawsuit The Personal Care Products Council v. Rob Bonta, E.D. Cal., Case No. 2:23-cv-01006-TLN-JDP, U.S. District Judge Troy L. Nunley has temporarily stopped the filing of new Proposition 65 lawsuits based on Listed Titanium Dioxide. The Judge’s preliminary injunction in favor of the plaintiff was based on the fact that science does not support the conclusion Listed Titanium Dioxide causes cancer in humans, contrary to Proposition 65’s required (and misleading) cancer warning.
