Successful Defense in Proposition 65 Titanium Dioxide Lawsuit
In a July 10, 2015 order, an Alameda County Superior Court judge found in favor of defendants in a Proposition 65 lawsuit alleging exposures to titanium dioxide in cosmetic products. The defendants successfully challenged the plaintiff’s 60-day notice based on admissions made by the plaintiff that it had not conducted any testing to confirm that the listed chemical was present in each product. Titanium dioxide is listed as a Proposition 65 carcinogen in its “unbound airborne respirable” form. In other words -- and significant to this case and any other Proposition 65 lawsuit involving titanium dioxide -- the listed chemical is…