As reported by the Associated Press, the California Department of Toxic Substances Control (“DTSC”) has issued a report claiming that nail polish has been sold in the State containing the chemicals toluene, dibutyl phthalate (DBP), and formaldehyde, which the agency has referred to as “the toxic trio.”

The agency’s report noted that the use of the chemicals in the products is legal if properly labeled.  But agency officials said the failure to include warnings about the existence of the chemicals may violate California’s Proposition 65.  The AP also reports that the Attorney General’s office is determining whether the companies will face legal action, which can include penalities and/or the requirement to provide warnings.

DTSC’s press release can be found here: http://www.dtsc.ca.gov/PressRoom/upload/Media-Advisory-Nail-Polish.pdf

Photo of Melissa A. Jones Melissa A. Jones

Melissa A. Jones is a trial lawyer who provides experienced and practical counsel in complex business disputes, appellate matters and internal investigations. She has represented clients from a broad range of industries in complex civil litigation matters in both state and federal court…

Melissa A. Jones is a trial lawyer who provides experienced and practical counsel in complex business disputes, appellate matters and internal investigations. She has represented clients from a broad range of industries in complex civil litigation matters in both state and federal court, including the agribusiness, and oil and gas industries. Her practice includes an emphasis on Proposition 65 defense as well.

Melissa’s experience includes litigating claims for breach of contract, fraud, negligent misrepresentation, misappropriation of trade secrets, products liability, false advertising and unfair competition. Melissa has helped clients at every stage of litigation and has argued key motions and appeals, including several arguments before the U.S. Court of Appeals for the Ninth Circuit. Melissa also regularly defends companies in litigation claims related to California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65) and Unfair Competition Law (17200) and advises companies on Prop 65 compliance.

Click here for Melissa Jones’s full bio.