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August 2025 Bounty Hunter Plaintiff Claims

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Logo for Prop 65 Pulse, a Keller and Heckman LLP newsletter, with imagery of a heart monitor and the outline of California

 

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 August of 2025, product manufacturers, distributors, and retailers were the targets of 619 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 August 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in August 2025 can be found on the California Attorney General’s website, located here: 60-Day Notice Search.

Food and Drug

Product CategoryNotice(s)Alleged Chemicals

Miscellaneous Food Products: Notices include ready-to-make meals, seafood, noodles, mushrooms, food in oil/sauce

 

102
Notices
Lead and Lead Compounds, Aflatoxins, Bisphenol A (BPA), Cadmium and Cadmium Compounds, Perfluorooctane Sulfonate (PFOS)
Powdered Foods: Notices include flour, powdered greens, shakes, powders, cake mix, protein products, dietary supplements, other foods92
Notices
Lead and Lead Compounds, Aflatoxins, Cadmium
Snack Foods: Notices include chips, candy, crackers, granola and trail mixes, dried fruit31
Notices
Lead and Lead Compounds, Cadmium and Cadmium Compounds
Beverages: Notices include green juices, iced tea, coconut milk, other drinks12
Notices
BPA, Cadmium, Lead and Lead Compounds
Vitamin A Supplements7
Notices
Retinol
Greens: Notices include salad kits, canned spinach, mustard greens4
Notices
Cadmium and Cadmium Compounds

Consumer Products

Product CategoryNotice(s)Alleged Chemicals
Thermal Receipt Paper & Stickers/Labels214
Notices
Bisphenol S (BPS)
Houseware Products: Notices include mugs, cups, ceramic products, brass home accessories and hardware, tabletops59
Notices
Lead and Lead Compounds, Di(2-ethylhexyl)phthalate (DEHP), PFOS, Perfluorooctanoic Acid (PFOA)
Bags and Containers: Notices include backpacks, cases, travel bags26
Notices
DEHP, Diisononyl Phthalate (DINP)
Clothing: Notices include joggers, shirts, scrubs, vests, shoes18
Notices
DEHP, DINP, Di-n-butyl Phthalate (DBP), PFOS, PFOA
Miscellaneous Consumer Products: Notices include microphone headset, keychains, others16
Notices
DEHP, DINP
Home Goods: Notices include wipes and paper towels, dental floss, tape, pliers, pet beds and pet mats15
Notice
DEHP, PFOS, PFOA
Wearable Leather Products: Notices include gloves, footwear, made with leather4
Notice
Chromium (hexavalent compounds)

Cosmetics and Personal Care

Product CategoryNotice(s)Alleged Chemicals
Cosmetics: Notices include cleansing milk, vitamin C serum, styling gel, makeup, lotions

13
Notices

Diethanolamine

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.