April 2025 Bounty Hunter Plaintiff Claims
Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More
California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things, sellers of products to provide a “clear and reasonable warning” if use of the product results in a knowing and intentional exposure to one of more than 900 different chemicals “known to the State of California” to cause cancer or reproductive toxicity, which are included on The Proposition 65 List. For additional background information, see the Special Focus article, California's Proposition 65: A Regulatory Conundrum.
Because Prop. 65 permits enforcement of the law by private individuals (the so-called bounty hunter provision), this section of the statute has long been a source of significant claims and litigation in California. It has also gone a long way in helping to create a plaintiff’s bar that specializes in such lawsuits. This is because the statute allows recovery of attorney’s fees, in addition to the imposition of civil penalties as high as $2,500 per day per violation. Thus, the costs of litigation and settlement can be substantial.
The purpose of Keller and Heckman’s latest publication, Prop 65 Pulse, is to provide our readers with an idea of the ongoing trends in bounty hunter activity.
In April of 2025, product manufacturers, distributors, and retailers were the targets of 344 new Notices of Violation (“Notices”) and amended Notices, alleging a violation of Prop. 65 for failure to provide a warning for their products. This was based on the alleged presence of the following chemicals in these products. Noteworthy trends and categories from new Notices sent in April 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in April 2025 can be found on the California Attorney General’s website, located here: 60-Day Notice Search.
Food and Drug | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Wide Variety of Foods: Notices include clams, crab cakes, shrimp scampi, artichoke quarters, pasta salad, flatbread, sunflower seeds, and sunflower kernels | 42 Notices | Cadmium |
| Assorted Prepared Food and Snacks: Notices include sunflower seeds, granola, instant soup, chips, crackers, and energy bars | 39 Notices | Lead and Lead compounds, Cadmium, and Mercury and Mercury compounds |
| Dietary Supplements: Notices include dietary fiber supplements, sea moss, and plant-based smoothies | 37 Notices | Cadmium and Cadmium compounds, Lead and Lead compounds, and Mercury |
| Seafood: Notices include shrimp, crab cakes, mussels, and canned tuna | 18 Notices | Lead and Lead compounds |
| Fruits and Vegetables: Notices include pickled ginger, kale chips, and artichoke hearts | 12 Notices | Cadmium and Cadmium compounds, Lead and Lead compounds, and Mercury |
| Noodles, Pasta, and Grains: Notices include Ramen soup, ravioli, and risotto | 9 Notices | Lead and Cadmium |
| Spices and Sauces: Notices include pesto, Thai curry, and clam sauce | 7 Notices | Lead and Lead Compounds |
| Assorted Prepared Food and Snacks: Notices include Reddi-wip and creamer, and whipped topping | 5 Notices | Nitrous Oxide |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Personal Care Products: Notices include shaving gel, cleansing soap, and miscellaneous makeup products (mascara, brow gel, primer) | 31 Notices | Diethanolamine |
| Body Contour Tape | 2 Notices | Perfluorooctanoic Acid (PFOA) |
| Loose Powder | 1 | Titanium dioxide (airborne, unbound particles of respirable size) |
| Shampoo with Coconut Oil | 1 | Coconut oil diethanolamine condensate (cocamide diethanolamine) |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Household Items and Tools: Notices include items containing vinyl such as pillows, lanyards, aprons, salt and pepper shakers, records with vinyl cases, storage bins, organizers, fishing boat accessories, travel sets, wire cutters, and stethoscope | 42 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), and Di-n-butyl phthalate (DBP) |
| Household Items and Tools: Notices include tablecloth, shower curtains, gas line tape, and umbrellas | 17 Notices | Perfluorooctanoic Acid (PFOA) |
| Bags and Cases: Notices include messenger bags and temperature bags | 15 Notices | Di(2-ethylhexyl)phthalate (DEHP) and Diisononyl phthalate (DINP) |
| Glass and Ceramics: Notices include mugs, trays, and glass boxes | 13 Notices | Lead |
| Clothing: Notices include jackets and shirts | 12 Notices | Perfluorooctanoic Acid (PFOA) |
| Household Items: Notices include brass accessories, lotion pumps, and candlesticks | 10 Notices | Lead |
| Clothing: Notices include long sleeve shirts, sweatpants, and baby shoes | 9 Notices | Di(2-ethylhexyl)phthalate (DEHP), Di-n-butyl phthalate (DBP) |
| Cookware: Notices include steeping cup with infuser, bowls, food safe marble tray, plates, bowl and mortar, measuring cups, and baking dishes | 9 | Lead |
| Household Items and Tools: Notices include soldering wire, oil-based grounds, fishing sinkers, and tire pressure gauges | 6 | Lead |
| Clothing Accessories: Notices include leather gloves and belts | 3 | Chromium (hexavalent compounds) |
| Household Items and Tools: Notices include bit set case and jerky gun | 2 | Bisphenol A (BPA) |
| Furniture Wax | 1 | Toluene |
| Thermal Receipt Paper | 1 | Bisphenol S (BPS) |
There are numerous defenses to Prop. 65 claims and proactive measures that industry can take prior to receiving a Prop. 65 Notice in the first place. Keller and Heckman attorneys have extensive experience in defense of Prop. 65 claims and in all aspects of Prop. 65 compliance and risk management. We provide tailored Prop. 65 services to a wide range of industries, including food and beverage, cosmetics and personal care, consumer products, chemical products, e-vapor and tobacco products, household products, plastics and rubber, and retail distribution.
To contact us with questions or for more information about California's Proposition 65, email prop65@khlaw.com or call our Washington, DC office at 202.434.4100 or our San Francisco office at 415.948.2800.