If you’ve ever read a Prop 65 warning on your sunscreen or makeup, you might have noticed a line about titanium dioxide (TiO₂) and cancer risk. For many clean beauty brands—especially those based in California—this warning has been a source of confusion and concern.
On August 12, 2025, a federal court in California ruled that requiring cancer warnings for titanium dioxide in cosmetics and personal care products violates the First Amendment. The court found the warning misleading and controversial because current scientific evidence does not show that TiO₂ in cosmetic products poses a cancer risk to humans.
What This Means for Clean Beauty
California is home to many clean beauty brands, and titanium dioxide is commonly used as a whitening pigment, in mineral sunscreens, and in powders. Until now, Prop 65 required warnings for any product containing TiO₂, which created legal risk and consumer confusion.
With this ruling:
- No more Prop 65 cancer warnings are required for TiO₂ in cosmetics in California.
- Pending lawsuits related to TiO₂ warnings are blocked, and new lawsuits cannot be filed.
- Brands can educate consumers about TiO₂ without the burden of a warning that might overstate the risk.
A Note for Lip Products
Even though topical TiO₂ in sunscreens, foundations, or powders no longer requires a warning, some clean beauty consumers still choose to limit titanium dioxide in lip products, since it can be incidentally ingested. Clean beauty brands may choose to note this for transparency, allowing customers to make informed choices.
Why It Matters
While this ruling is specific to California, it sets a legal precedent for how the First Amendment protects companies against compelled speech in product labeling. For consumers, it means the TiO₂ in your favorite clean beauty products is considered safe when used as intended, while still allowing people to make mindful choices about lip products.
For more details, read the ruling and article: Morgan Lewis Law Firm – Prop 65 TiO₂ Ruling
