December 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 December of 2025, product manufacturers, distributors, and retailers were the targets of 404 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 December 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in December 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 |
| Assorted Prepared Food and Snacks: Notices include crackers, chips, dried fruit, and soup | 95 Notices | Cadmium, Lead and Lead Compounds |
| Dietary Supplements: Notices include Ashwagandha powder, protein powder, and Moringa powder | 77 Notices | Lead and Lead Compounds |
| Seafood: Notices include crab, dried anchovies, shrimp, and smoked mackerel | 45 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds, Mercury |
| Spices, Sauces, and Tea: Notices include tomato sauce, curry, and chai | 14 Notices | Lead and Lead Compounds |
| Sunflower Products: Notices include seeds and seed butter | 8 Notices | Cadmium, Lead |
| Protein Powder | 3 Notices | Cadmium, Lead and Lead Compounds, Mercury and Mercury Compounds, Perfluorooctanoic Acid (PFOA) |
| Seafood: Notices include sardines and tuna | 2 | Perfluorooctane Sulfonate (PFOS), PFOA |
| Pre-rolls | 1 | Delta-9-tetrahydrocannabinol |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Personal Care Products and Cosmetics: Notices include aloe vera face masks, shave gel, and eyebrow tint | 4 | Diethanolamine |
| Facial Cleansers and Acne Treatments | 2 | Benzene |
| Skin Lightening Cream | 2 | Mercury and Mercury Compounds |
| Hair Extensions | 1 | Benzene, Lead, Methyl Chloride |
| Sunscreen | 1 | Lead |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Bags and Vinyl Items: Notices include ID holders, tote bags, wallets, and carrying cases | 53 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), Di-n-butyl phthalate (DBP) |
| Glass and Ceramics: Notices include mugs, bowls, and pitchers | 38 Notices | Lead |
| Household Items and Clothing: Notices include jackets, dog blankets, baby carriers, and pillowcases | 23 Notices | PFOS and PFOA |
| Receipts | 15 Notices | Bisphenol S (BPS) |
| Tools and Household Items: Notices include tire inflators, lead weights, and chicken wire | 14 Notices | Lead and Lead Compounds |
| Household Items and Clothing: Notices include waterproof cases and shoes | 2 Notices | Bisphenol A (BPA) |
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.
