Nail Polish & Cosmetic Products

Due to routine and frequent use by consumers, our clients pay close attention when harmful chemicals are present in ordinary cosmetic and beauty products. The Chanler Group’s clients have successfully resolved many Proposition 65 enforcement actions brought against cosmetics and beauty salon industry members, as well as against chemical suppliers of those companies.

Our clients’ investigations have revealed high levels of a number of toxic chemicals known to cause cancer, birth defects, or other reproductive harm, including toluene, lead, and phthalate chemicals used as plasticizers in the vinyl/PVC manufacturing process. In negotiating settlements on behalf of our clients, The Chanler Group’s attorneys have obtained commitments from industry members to remove these listed chemicals from a variety of products, including nail polish and enamel, eye shadow, eyeliner, lipstick, and cosmetic and toiletry cases.

Toluene is the second-highest volume ingredient in many nail polishes, as it allows polish to remain fluid and to spread evenly at varying temperatures. Toluene, however, is listed by the State of California as a chemical that is known to cause reproductive harm or birth defects. Individuals using toluene-containing polishes or enamels are exposed to the chemical by inhalation while applying the product.

During 1993 and 1994, investigations conducted on behalf of The Chanler Group’s clients revealed significant levels of toluene in nail polish sold without a warning in California. A nonprofit public-interest group represented by the founder of our firm filed 45 private Proposition 65 enforcement actions naming major cosmetics manufacturers and retailers as defendants. The industry resisted and filed a SLAPP action (strategic lawsuit against public participation) in federal court in an effort to silence the private enforcer’s claims and allegations. Through tenacious litigation our attorneys obtained a dismissal of the industry’s suit and prevailed in state court, successfully enjoining the industry members from further unwarned sales in California. Ultimately, The Chanler Group obtained a commitment from 43 of the defendant manufacturers, including some of the biggest names in the industry, to completely remove toluene from their nail enamel and polish products.  The success extended beyond California, as the mostly-national companies undertook to reformulate all of their products sold nationwide. Today, the industry uses “toluene-free” to market many of its nail products.

Other successful enforcement actions brought by our clients and resolved in the public interest include cases of lead in eyeliner, eyeshadow, and other makeup products and vinyl makeup kits and toiletry cases containing lead and DEHP.  Today, our clients continue their efforts to protect the health and safety of California consumers by investigating cosmetic products for lead, toluene, and phthalates. 

To review legal agreements which our clients have reached with companies that sell nail polish and other cosmetic products, please see the cases below.