The latest on the Supreme Court’s ruling on California’s Proposition 8 article In a decision that is likely to spark an angry backlash from many in the cosmetics industry, the Supreme, in its 5-4 decision, found that “spoiling” cosmetics and other products in stores “does not constitute a tort of tortious interference with an individual’s free exercise of religion.”
The decision is likely likely to lead to lawsuits from consumers who want their products to be labeled with the message “no taint of impurity,” which is standard in many states.
The justices’ ruling is a major setback for the cosmetics and fragrance industry, which has been fighting Proposition 8, which bars same-sex couples from marrying.
In a statement after the ruling, the National Association of Manufacturers and the American Petroleum Institute both said the ruling would have a significant impact on the way products are sold and marketed.
“We welcome the Supreme’s decision that cosmetics manufacturers and retailers can continue to compete effectively against the industry’s counterfeit competitors by making products of high quality and at reasonable prices, which have been a major factor in our industry’s strong growth over the last decade,” the companies said in a joint statement.
“We look forward to working with the Supreme and our business partners to continue to support this important new era in consumer products.”
“Spoiled” cosmetics products in the eyes of the justices, as opposed to “unspoil” cosmetics in California’s eyes, could potentially result in the creation of a new class of products that contain only “essential ingredients,” which could make them easier to trace.
Even if the Supreme is successful in overturning Prop 8, it could have far-reaching consequences.
The ruling could force the industry to rethink the way it uses ingredients, whether those ingredients are used in the ingredients of the products, and whether ingredients in those products are tested for contamination, according to experts.
If Prop 8 is overturned, consumers would have to pay extra to get products labeled with such messages.
The ruling has prompted some consumers to turn to the courts.
The American Civil Liberties Union said that if Prop 8 was overturned, it would create a new legal right to opt-out of cosmetics labeling.
“The Court has created a new constitutional right to free speech and expression in a way that could be harmful to our democracy,” said Rachel Dolezal, a staff attorney with the ACLU.
But in a statement, the American Chemistry Council, a trade group, said the court’s ruling is “unprecedented and unprecedented in scope.”
The American Chemistry Board, a nonprofit trade group that represents more than 90 percent of the nation’s chemical manufacturers, also welcomed the ruling.
Prop 8, the group said, is a “threat to our health, safety and the environment.”
“We remain confident that the Supreme will uphold Proposition 8 and protect our businesses from harmful, fraudulent and deceptive practices,” the group wrote in a brief filed Monday.