California Prop 65 continues to evolve, with two recent developments that cosmetics and personal care brands should have on their radar.
The first is a new judgment involving Proposition 65 cancer warnings for diethanolamine (DEA) exposures from cosmetics and personal care products. The second is a new round of potential regulatory changes from California’s Office of Environmental Health Hazard Assessment (OEHHA).
Read on to learn what has happened, what’s still under consideration, and what cosmetics and personal care brands need to know about the latest California Prop 65 updates.
What is California Proposition 65?
California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to provide “clear and reasonable” warnings before knowingly and intentionally exposing people to chemicals California has listed as causing cancer or reproductive toxicity, unless an exemption applies.
For cosmetics and personal care companies, that makes understanding ingredients, potential exposures, and applicable warning requirements an important part of bringing products to the California market.
A new judgment affects the California Prop 65 warnings for DEA
Diethanolamine, or DEA, is a chemical that may be present in or associated with ingredients used in consumer products, including cosmetics and personal care products. California added DEA to its Proposition 65 list as a carcinogen in 2012.
In 2026, a stipulated judgment between the Personal Care Products Council (PCPC) and the California Attorney General changed the enforcement landscape for DEA in cosmetics and personal care products.
Under the judgment, the California Attorney General and those bound by the injunction are barred from enforcing Prop 65’s cancer warning requirement for DEA in cosmetics and personal care products.
The judgment follows other recent cases examining whether California can require businesses to provide Proposition 65 cancer warnings when the scientific evidence underlying the warning is disputed.
The DEA judgment itself does not establish a new legal precedent, and the California Attorney General did not concede that the warning requirement was unconstitutional. However, it reflects the practical impact that recent First Amendment decisions are having on some Proposition 65 warning disputes.
For cosmetics and personal care companies, the development may be particularly relevant when reviewing:
- Active Proposition 65 notices involving DEA
- Pending enforcement actions
- Existing settlement obligations
- DEA and DEA-related ingredients
- Related supply-chain documentation
OEHHA is also considering changes to Prop 65 regulations
The DEA judgment is not the only Proposition 65 development underway.
OEHHA has launched its Proposition 65: Omnibus 2026 Pre-Rulemaking process to discuss potential amendments to the Proposition 65 regulations. OEHHA released draft regulatory language in July and held a public workshop on July 30, 2026.
Importantly, this is a pre-rulemaking process. The draft language represents potential regulatory amendments rather than final changes to Proposition 65 requirements.
OEHHA is currently accepting public comments on the draft regulatory language through September 8, 2026.
What do these developments mean for cosmetics and personal care brands?
Both developments highlight the fact that the cosmetic regulatory landscape is always changing, and it’s crucial to stay up to date with the latest developments.
For teams managing numerous products, ingredients, and markets, keeping track of changes is only the first step. Regulatory teams also need to determine whether a development affects their products and what, if anything, needs to change. This makes proactive regulatory management increasingly important.
To avoid being blindsided by a regulatory update that could impact products and launches, cosmetics and personal care brands should:
- Monitor regulatory developments in the markets where products are sold
- Evaluate how relevant changes may affect ingredients, formulations, labeling, and other compliance requirements
- Ensure regulatory compliance is embedded in the product development process rather than waiting until products approach launch to address potential concerns
- Maintain accurate, accessible compliance information and documentation as requirements evolve
By following the above process, you can reduce the risk of late-stage compliance issues, costly rework, and launch delays.
To help you stay informed, our Ithos regulatory experts with 75+ years of combined experience release a quarterly Regulatory Roundup webinar and Regulatory Surveillance Report. These resources provide you with the key global updates you need to know, all in one place. View the latest reports and webinars now:
Stay ahead of changing cosmetic regulations with Ithos
Evolving regulatory requirements can be difficult to keep track of, especially for lean teams managing growing product portfolios across global markets.
Ithos gives beauty and personal care teams a centralized compliance platform connecting regulatory intelligence with ingredients, formulations, labeling, documentation, and other workflows across the product lifecycle.
This regulatory intelligence helps teams maintain visibility into how regulatory developments may affect their products, which enables faster formulation and product launches.
Ready to learn how Ithos can help you navigate evolving cosmetic regulations with ease?
Contact Ithos today to learn how our technology and regulatory expertise can help your team stay ahead:
