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 SAN FRANCISCO, Aug. 30 /PRNewswire/ -- The Cosmetic, Toiletry and Fragrance Association (CTFA) and several marketers of nail polish products announced today a settlement of their lawsuits with a group called "As You Sow." The issue hinges on whether California's Proposition 65 requires warning labels on nail enamel containing toluene. CTFA President Ed Kavanaugh said: "Settlement of this case resulted from the industry's desire to avoid the high cost of further litigation. We have full confidence in the safety of the ingredient (toluene) and are certain that Proposition 65 does not require warnings on nail enamel products."
 Kavanaugh emphasized that there is no safety issue presented by toluene in nail polish. Research shows that the actual level of toluene exposure to women who use nail polish is well within the margin of safety as determined by the state of California, according to CTFA.
 The agreement allows companies until Sept. 1, 1994, to reformulate their products to remove toluene or to provide warning labels as prescribed under California's Proposition 65. The settlement also requires As You Sow to reassure retailers that there is no need for concern about continuing to sell nail polish containing toluene. The settlement also provides that the court may reconsider whether the companies have to reformulate or label their products under certain circumstances.
 Kavanaugh said: "Because of the enormous expense involved in this type of litigation, a quick and practical solution is often necessary. CTFA is pleased that this agreement will give the industry time for an orderly reformulation of its products and will allow the court to reconsider the agreement should certain changes occur in regulations surrounding Proposition 65."
 Kavanaugh went on the say: "It is unfortunate that private citizen groups are using Proposition 65 to force unnecessary product changes, threaten large fines and suggest public safety issues which do not exist."
 The lawsuits filed in the San Francisco Superior Court involved several actions brought by As You Sow against marketers and manufacturers of nail enamel containing toluene; and a CTFA countersuit seeking a declaratory judgment on the validity of studies conducted by CTFA which demonstrate that toluene does not require Proposition 65 warning labels.
 CTFA is the national trade association for the personal care products industry. It was founded in 1894 and has an active membership of approximately 240 companies that manufacture or distribute the vast majority of finished personal care products in the United States. CTFA also includes approximately 280 associate member companies, including manufacturers of raw materials, trade and consumer magazines and related industries.
 -0- 8/30/93
 /CONTACT: Barry Goode, 415-393-2000, or Irene Malbin, 202-331-1770, both for the Cosmetic, Toiletry and Fragrance Association/

CO: Cosmetic, Toiletry and Fragrance Association ST: California IN: SU:

DC-KD -- DC033 -- 7257 08/30/93 17:36 EDT
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Publication:PR Newswire
Date:Aug 30, 1993

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