February 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 February of 2026, product manufacturers, distributors, and retailers were the targets of 444 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 February 2026 are excerpted and discussed below. A complete list of all new and amended Notices sent in February 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 |
| Assorted Prepared Food and Snacks: Notices include chips, snack mix, cookies, and sunflower seeds | 98 Notices | Cadmium, Lead and Lead Compounds |
| Dietary Supplements: Notices include protein powder, pre-workout, and moringa leaf powder | 52 Notices | Cadmium, Lead and Lead Compounds |
| Fruits and Vegetables: Notices include arugula, tomatoes, and dried pineapple | 38 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
| Seafood: Notices include tuna, shrimp, and sardines | 30 Notices | Cadmium, Lead, and Mercury |
| Spices, Sauces, and Tea: Notices include ginger tea, matcha powder, and nandaka tea | 22 Notices | Cadmium, Lead and Lead Compounds |
| Cannabis Products: Notices include gummies, energy drinks, and oil drops | 21 Notices | Delta-9-tetrahydrocannabinol |
| Noodles, Pasta, and Grains: Notices include ramen, chow mein, and ravioli | 19 | Lead, Cadmium and Cadmium Compounds |
| Milk: Notices include condensed coconut milk, unsweetened coconut milk, and condensed oat milk | 6 | Lead |
| Alcoholic Beverages | 3 Notices | Ethyl Alcohol in Alcoholic Beverages |
| Seafood: Notices include yellowfin tuna and albacore white tuna | 2 Notices | Perfluorooctane Sulfonate (PFOS) |
| Dietary Supplements: Notices include grassfed beef liver | 1 | PFOS |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Personal Care Products and Cosmetics: Notices include mascara, face masks, and hand cream | 10 | Diethanolamine |
| Personal Care Products: Notices include shampoo, cuticle softeners, and clay masks | 5 | Coconut Oil Diethanolamine Condensate (Cocamide Diethanolamine) |
| Personal Care Products and Cosmetics: Notices include face cream | 2 | Mercury and Mercury Compounds |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Household Items: Notices include wash bags, sheet sets, serving tray, and food carriers | 41 Notices | Lead, Di(2-ethylhexyl)phthalate (DEHP), Di-n-butyl Phthalate (DBP), and Diisononyl Phthalate (DINP) |
| Glass, Ceramics, and Other Housewares: Notices include mugs and salt and pepper shakers | 22 Notices | Lead |
| Household Items and Tools: Notices include hoses, pliers, and electrical tapes | 22 Notices | Lead, DEHP, DBP, and DINP |
| Receipts, Thermal Receipts, and Receipt Paper | 20 Notices | Bisphenol A (BPA) and Bisphenol S (BPS) |
| Clothing: Notices include gloves, suede clogs, and sandals | 8 Notices | Chromium (Hexavalent Compounds) |
| Bags and Cases | 7 Notices | DEHP and DBP |
| Household Items: Notices include shower curtains and pillow protectors | 7 Notices | PFOS and Perfluorooctanoic Acid (PFOA) |
| Clothing: Notices include shirts and shorts | 7 Notices | DEHP, PFOS, and PFOA |
| Bags and Cases | 1 | PFOA |
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.
