On June 23, 2026, a federal court ordered the state of California to stop enforcement of the California Proposition 65 warning requirement for diethanolamine (DEA) in personal care products.
Background:
California’s Office of Environmental Health Hazard Assessment (OEHHA) had listed DEA as a carcinogen in 2012, based on a determination by the World Health Organization's International Agency for Research on Cancer (IARC), which had classified DEA as "possibly carcinogenic to humans". OEHHA is required to list any chemicals that IARC has determined to be probable or possible carcinogens.
A case was filed by the Personal Care Products Council (PCPC) in March, which alleged that a Proposition 65 warning requirement for DEA was not based on solid information and violated businesses' First Amendment rights. PCPC alleged that OEHHA could not support its claim that DEA posed a cancer risk to humans.
Action:
In resolution of the case, a federal court has ordered the state of California to stop enforcement of the Prop. 65 warning requirement for diethanolamine (DEA) in personal care products. Specifically:
- The Attorney General of California’s office and all others are permanently enjoined from filing or prosecuting new lawsuits to enforce the warning requirement under Proposition 65 for DEA in cosmetic and personal care products.
- Based on the current state of the relevant science, the Proposition 65 warning requirement for cancer as applied to DEA cannot be constitutionally enforced, consistent with the First Amendment.
- The Attorney General retains the right to move the Court to dissolve this injunction in “the event he believes a change in the facts or law renders its application inequitable or unnecessary”.
Additional Information:
Please see court order for more information:
https://cases.justia.com/federal/district-courts/california/caedce/2:2026cv00682/483157/27/0.pdf
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Related Regulatory Updates:
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