Environmental Group Files Lawsuit Against Shampoo Manufacturers

The Center for Environmental Health (CEH) filed a lawsuit last week against four companies alleged to have sold shampoo containing cocamide DEA without first providing consumers with a health hazard warning, in violation of Proposition 65.  Cocamide DEA is a chemical known to the state of California to cause cancer. Proposition 65, California’s unique right-to-know law, requires companies selling products containing such toxic chemicals to first provide consumers with a health hazard warning.  The companies named in the suit are Walgreens, Lake Consumer Products, Vogue International and Ultimark Products.

Cocamide DEA, or coconut oil diethanolamine condensate, is a foam stabilizer, emulsifier and viscosity builder in cosmetic products, including shampoos and liquid soaps.  Cocamide DEA was designated by the State of California as a chemical known to cause cancer on June 22, 2012, and companies whose products are sold in California were given one year to comply with the clear and reasonable warning requirement of Proposition 65.  After the one-year grace period expired on June 22, 2013, CEH investigated and tested shampoos and liquid soap products and found that nearly a hundred of them still contained cocamide DEA and were sold without warnings.

CEH also released a list of tested products that allegedly contain cocamide DEA.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65. Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings. The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.