Over the last 16 months, 1,211 Notices of Violation (NOVs) have been issued under California’s Proposition 65 (Prop 65) for cosmetic and personal care products in relation to Diethanolamine (DEA)—a chemical listed by the state as a carcinogen.

This volume of enforcement highlights a serious and ongoing compliance issue that many companies in the cosmetics space may be underestimating.

Why DEA Is a Problem Under Prop 65

DEA is commonly used in cosmetics as an emulsifier or foaming agent. It can appear as an intentional ingredient (like in cocamide DEA), or it may show up unintentionally as a contaminant in raw materials or during manufacturing. OEHHA added DEA to the Prop 65 list due to evidence of carcinogenicity,  which triggers product warnings when exposures are above established safe harbor levels triggers warning requirements. The problem is that OEHHA has not published an SHL for this chemical, leaving companies to figure it out themselves, while bounty hunters jump at the lucrative opportunity to catch companies unprepared.

Critically, even if DEA is not listed on a product’s label, its presence in a formulation can still result in Prop 65 liability—especially if suppliers aren’t transparent or contamination isn’t accounted for.

What the NOV Numbers Tell Us

The 1,211 NOVs filed in just 16 months demonstrate the scale of enforcement and the focus on cosmetic products. Plaintiff groups are actively testing products sold in California—especially those sold online or through national retailers—and filing claims where DEA is detected without proper Prop 65 warnings.

These notices often lead to expensive settlements, reformulation requirements, and potential reputational harm.

How to Protect Your Business

If your company manufactures, distributes, or sells cosmetic products in California, DEA-related Prop 65 enforcement is not a hypothetical risk—it’s an active and well-documented issue. Companies should take steps to:

  • Evaluate product formulations for DEA and related compounds

  • Identify an appropriate No Significant Risk Level

  • Conduct exposure assessments to determine if warnings are required

  • Audit supplier practices to identify potential sources of contamination

  • Implement or revise warning labels where appropriate

RegTox Solutions: Helping You Stay Ahead of Enforcement

At RegTox Solutions, we specialize in helping companies understand and comply with Prop 65 regulations. From chemical assessments to supplier evaluations and labeling strategy, we provide practical guidance tailored to your product and market.

With over a thousand enforcement actions targeting cosmetics in just over a year, DEA is more than just a compliance concern—it’s a clear signal that regulatory scrutiny is high and ongoing.

Don’t wait until your company receives a Notice of Violation. Reach out to RegTox Solutions to proactively manage your risk and ensure your products are Prop 65 compliant.