Hair Relaxers
Cal. HSC § 108985.6
California Statutes
(
a) A violation of
Chapter 14 (commencing with
Section 108980) for the unlawful manufacturing, selling, delivering, holding, or offering for sale in commerce of a cosmetic product containing any of the ingredients described in
Section 108985.2 is punishable by a civil penalty, by an administrative penalty, or by both a civil and an administrative penalty. (
b) The department shall determine, on a case-by-case basis, the enforcement mechanism and the amount of any administrative or civil penalty assessed pursuant to this chapter. The minimum amount of an administrative or civil penalty assessed shall be ten thousand dollars ($10,000) for the first and any subsequent violation. Penalties may be assessed for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (
c) In assessing the amount of a penalty for a violation of this chapter, the department or court may consider all of the following:
(1) The nature and extent of the violation.
(2) The number and severity of the violations.
(3) The economic effect of the penalty on the violator.
(4) Whether the violator took good faith measures to comply with this
chapter and when the measures were taken.
(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(6) Whether there were contributing environmental factors about which a reasonable person knew or should have known. (
d) The Attorney General, on behalf of the department, may bring an action in superior court and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person or entity from violating any provision of this chapter. A proceeding under this
section shall conform to the requirements of
Chapter 3 (commencing with
Section 525) of Title of Part of the Code of Civil Procedure, except that the department shall not be required to allege facts necessary to show or tending to show lack of adequate remedy at law or to show or tending to show irreparable damage or loss. (
e) Actions may be brought pursuant to this
section by the Attorney General in the name of the people of the state at the request of the department. (
f) A prevailing plaintiff bringing an action pursuant to this
chapter shall be awarded attorney’s fees and costs by the court.