(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 7 of Part 2 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.
