July 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 July of 2025, product manufacturers, distributors, and retailers were the targets of 623 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 July 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in July 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 Powdered Foods: Notices include flour, powdered greens, shakes, powders, cake mix, protein products, dietary supplements, other foods
| 189 Notices | Lead and Lead Compounds |
| Assorted Prepared Food and Snacks: Notices include seeds and nuts, mushrooms, mussels, chocolate, flour, kale and seaweed chips | 17 Notices | Cadmium and Cadmium Compounds |
| Beer | 16 Notices | Alcoholic beverages, when associated with alcohol abuse |
| Seafood and Seafood Sauces: Notices include clams, mussels, scallops, salted fish, shrimp paste, shrimp sauce, sardines in water, mussels in garlic and butter sauce | 10 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
| Condiments and Ingredients: Notices include nut butters, protein shakes, protein powders | 8 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
| Vitamins: Notices include vitamin A powders and soft gels | 5 Notices | Retinol |
| Powdered Greens and Flour | 2 Notices | Bisphenol S (BPS) |
| Canned Pork | 1 Notice | Bisphenol A (BPA) |
| Beef Liver | 1 Notice | Perfluorooctane Sulfonate (PFOS) |
| UTI Pain Relief Products | 1 Notice | Phenazopyridine hydrochloride |
| Cannabis Brownies and Culinary Sauces | 1 Notice | Delta-9- tetrahydrocannabinol |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Cosmetics: Notices include anti-aging creams, body wash, serums, hair gels | 5 Notices | Diethanolamine |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Receipt Paper, Thermal Labels | 250 Notices | Bisphenol S (BPS) |
| Various Consumer Products: Notices include vinyl/ PVC containers, cases, baskets, vinyl sheets, handbags, book covers, shoes, sports gear, miscellaneous consumer products | 53 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), Di-n-butyl phthalate (DBP) |
| Household Items: Notices include mug, tabletops, candle holders, toothpaste, napkin holders, wind chimes | 34 Notices | Lead and Lead Compounds |
| Various Consumer Products: Notices include surgical tape, clothing, scrubs, swim trunks | 16 Notices | Perfluorooctanoic Acid (PFOA) |
| Various Consumer Products: Notices include scrubs, tablecloths, shower curtains | 10 Notices | Perfluorooctane Sulfonate (PFOS) |
| Brooches, Pins, Charms | 1 Notice | Cadmium and Cadmium Compounds |
| Root Feeder Fertilizer | 1 Notice | Bisphenol A (BPA) |
| Gloves | 1 Notice | Chromium |
| PVC Cement | 1 Notice | Tetrahydrofuran |
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.