April 2026 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 2026, product manufacturers, distributors, and retailers were the targets of 499 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 2026 are excerpted and discussed below. A complete list of all new and amended Notices sent in April 2026 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 |
| Dietary Supplements: Notices include protein powder, protein shakes, daily greens powder, and moringa leaf powder | 76 Notices | Cadmium, Lead and Lead Compounds |
3 | Perfluorooctanoic Acid (PFOA) | |
| Assorted Prepared Food and Snacks: Notices include chips, cookies, and granola | 57 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
| Fruits and Vegetables: Notices include arugula, tomatoes, and dried pineapple | 46 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
1 | PFOA | |
| Seafood: Notices include crab meat, clams, and tuna | 42 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
9 | Perfluorooctane Sulfonate (PFOS), PFOA | |
| Spices, Sauces, and Tea: Notices include matcha, masala chai mix, and ground cinnamon | 22 Notices | Lead and Lead Compounds |
| Noodles, Pasta, and Grains: Notices include ramen and fettucine | 14 Notices | Lead and Cadmium |
| Nut and Seed Products: Notices include seed butter, peanut butter, and sunflower kernels | 12 | Lead and Cadmium |
| Cannabis Products: Notices include gummies, energy drinks, and root beer | 5 | Delta-9-tetrahydrocannabinol |
| Nicotine Gum | 4 | Nicotine |
| Peanut Oil | 1 | Aflatoxins |
| Coconut Milk | 1 | Lead |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Bath Products and Cosmetics: Notices include mascara, shampoo, cleanser, and body conditioner | 14 | Diethanolamine |
| Personal Care Products: Notices include serum sprays | 1 | 1,4-Dioxane |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Tools: Notices include solders and hoses | 47 Notices | Lead and Lead Compounds, and Di(2-ethylhexyl)phthalate (DEHP) |
| Glass, Ceramics, and Other Housewares: Notices include mugs and glass frames | 30 Notices | Lead |
| Household Items: Notices include tabletops, jars, and bowls | 23 Notices | Lead and Di-n-butyl phthalate (DBP) |
| Miscellaneous Consumer Products: Notices include car floor mats, garment organizers, and safety vests | 21 Notices | Chromium (Hexavalent Compounds), Lead, DEHP, and DBP |
| Wearable Accessories: Notices include gloves, leather leash, and brooches | 21 Notices | Chromium (Hexavalent Compounds), DEHP, and Lead |
| Receipts, Thermal Receipts, and Receipt Paper | 16 Notices | Bisphenol A (BPA) and Bisphenol S (BPS) |
| Bags and Cases | 14 | DEHP and Diisononyl phthalate (DINP) |
| Clothing: Notices include shirts and shorts | 7 | DEHP, PFOS, and PFOA |
| Containers: Notices include phone cases and zipper pouches | 5 | Chromium (Hexavalent Compounds) and DEHP |
| Clothing: Notices include pants and jackets | 4 | PFOA |
| Sports Gear: Notices include pickleball paddles and dumbbells | 3 | DEHP and DINP |
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.
