As reported by the Associated Press, the California Department of Toxic Substances Control (“DTSC”) has issued a report claiming that nail polish has been sold in the State containing the chemicals toluene, dibutyl phthalate (DBP), and formaldehyde, which the agency has referred to as “the toxic trio.”

The agency’s report noted that the use of the chemicals in the products is legal if properly labeled.  But agency officials said the failure to include warnings about the existence of the chemicals may violate California’s Proposition 65.  The AP also reports that the Attorney General’s office is determining whether the companies will face legal action, which can include penalities and/or the requirement to provide warnings.

DTSC’s press release can be found here: