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On May 2, 2025, the U.S. District Court for the Eastern District of California entered a permanent injunction order in California Chamber of Commerce v. Bonta.
The order states, in pertinent part, “Defendant Rob Bonta, in his official capacity as Attorney General of the State of California, the State of California’s agents and employees, all persons or entities in privity with them, and anyone acting in concert with them are hereby ENJOINED from enforcing as against California Chamber of Commerce, its members, and all persons its represents, Proposition 65’s warning requirement with respect to dietary acrylamide, including California Health and Safety Code section 25249.6’s requirement that any person in the course of doing business provide a clear and reasonable warning before exposing any individual to dietary acrylamide. The Court further DECLARES that Proposition 65’s warning requirement is unconstitutional as applied to dietary acrylamide."
UPDATE: On June 2, 2025, Defendant Rob Bonta, Attorney General of the State of California, filed a notice of appeal with the United States Court of Appeals for the Ninth Circuit.
Proposition 65 litigants and their counsel are responsible for tracking the progress of this case as it evolves and determining whether and how this order may apply to their particular matters. The Attorney General’s Office cannot provide legal advice to private parties.
On June 12, 2024, the U.S. District Court for the Eastern District of California entered a preliminary injunction in The Personal Care Products Council v. Bonta.
The order provides, in pertinent part, “Defendant, his officers, employees, and agents, and all those acting in privity or concert with those individuals, including private citizen enforcers under California Health & Safety Code § 25249.7(d), are hereby ENJOINED from filing or prosecuting new lawsuits to enforce Prop 65’s warning requirement, California Health & Safety Code § 25249.6, for cancer as applied to Listed Titanium Dioxide (i.e., titanium dioxide that consists of airborne, unbound particles of respirable size) in cosmetic and personal care products. This Order does not alter any existing consent decrees, settlements, or agreements related to Prop 65 warning requirements. The amount of the security bond for this order shall be $0. The preliminary injunction shall remain in place until further Order of this Court.”
Proposition 65 litigants and their counsel are responsible for tracking the progress of this case as it evolves and determining whether and how this order may apply to their particular matters. The Attorney General’s Office cannot provide legal advice to private parties.
NOTICE: The Attorney General has issued three letters to private Proposition 65 enforcers during the COVID-19 State of Emergency. The first letter, dated March 18, 2020, requests that private enforcers serve electronic versions of approval motion papers on our office by e-mail, and send a hard copy. The second letter, dated June 5, 2020, requests that private enforcers cooperate with requests for extensions by public prosecutors and notice recipients during this period. The third letter, dated March 22, 2022, requests that private enforcers serve electronic versions of approval motion papers on our office by e-mail to Prop65.Motions@doj.ca.gov, rather than mailing a hard copy.
State law requires any person suing "in the public interest" to enforce Proposition 65 , "The Safe Drinking Water and Toxic Enforcement Act of 1986", to notify the Attorney General of the lawsuit and outcome of the case.
This site provides an on-line process for reporting Proposition 65 private enforcement actions in compliance with California Health and Safety Code Section 25249.7 (d) (e) and (f) . See "Electronic Filing" on this page for details.
All reports on Proposition 65 private actions must be filed electronically with the Attorney General's Office.
We are pleased to announce that the Office of the Attorney General has added a new feature to our website that will facilitate serving the Attorney General’s copies of 60-Day Notices and the confidential documentation that accompanies a Certificate of Merit. Pursuant to title 27, section 25903(c), of the Code of Regulations, the Attorney General will now accept service of these documents electronically. If you choose to use the electronic service, you need not provide a hard copy. Use the File a 60-Day Notice link to start the process.
All motions, supporting papers and exhibits to be served on the Attorney General 45 days prior to the date of hearing should be sent by electronic mail to Prop65.Motions@doj.ca.gov.