An August 2025 federal court ruling in a case brought by the Personal Care Products Council (PCPC) has significantly changed how cosmetics and personal care companies approach California Proposition 65 compliance involving titanium dioxide.

The U.S. District Court for the Eastern District of California issued a permanent injunction:

–  preventing California authorities and private enforcers from pursuing new Prop 65 lawsuits requiring cancer warnings for “Listed Titanium Dioxide,” defined as airborne, respirable particles.

– rulling that such warnings are unconstitutional and violate the First Amendment, as they  may mislead consumers.

The decision does not affect existing settlements or consent decrees; however  it removes a major compliance burden for products containing titanium dioxide, a pigment used  in cosmetics such as makeup, toothpaste, and sunscreen under federal regulations.

While the ruling is limited to titanium dioxide, its reasoning may influence future Prop 65 challenges. Companies should continue to manage Prop 65 risks carefully, as the law remains active for other listed substances.