July 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 July of 2026, product manufacturers, distributors, and retailers were the targets of 621 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 2026 are excerpted and discussed below. A complete list of all new and amended Notices sent in July 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, Ashwaganda powder, and psyllium husk powder | 108 Notices | Cadmium and Lead and Lead Compounds |
| Fruits and Vegetables: Notices include apricots, spinach, kale, and olives | 74 Notices | Cadmium and Lead and Lead Compounds |
| Prepared Food and Snacks: Notices include chips, crackers, sunflower seeds, and mixed nuts | 72 Notices | Cadmium and Cadmium Compounds and Lead and Lead Compounds |
| Dried Fruit and Snacks: Notices include peanut butter pretzels, raisins, dates, and pepitas | 42 Notices | Aflatoxins and Ochratoxin A |
| Seafood: Notices include shrimp, mussels, seaweed snacks, and crab cakes | 30 Notices | Cadmium and Cadmium Compounds and Lead and Lead Compounds |
| Noodles, Pasta, Rice, and Grains: Notices include quinoa, barley, spinach fettuccine, and ramen | 26 | Cadmium and Lead and Lead Compounds |
| Spices, Sauces, and Tea: Notices include matcha, cinnamon powder, and harissa paste | 26 | Cadmium and Lead and Lead Compounds |
| Alcoholic Beverages | 14 Notices | Ethyl Alcohol in Alcoholic Beverages |
| Vitamin A | 6 | Retinol |
| Turkish Figs, Corn Meal, and Corn Tortillas | 5 | Fumonisin B1 |
| THC Products | 5 | Delta-9-tetrahydrocannabinol |
| Vegan Lifestyle Mix | 1 | Lead and Lead Compounds and Perfluorooctanoic Acid (PFOA) |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Cosmetics and Personal Care Products: Notices include soap and hair masks | 5 | Diethanolamine and Coconut Oil Diethanolamine Condensate (Cocamide Diethanolamine) |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Glass, Ceramics, and Brass: Notices include mugs, plates, and coasters | 144 Notices | Lead and Lead Compounds |
| Bags and Vinyl Items: Notices include shoe cleaning kits, faux christmas trees, and cosmetics bags | 32 | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), and Di-n-butyl phthalate (DBP) |
| Household Items and Clothing: Notices include shirts and backpacks | 14 | PFOA |
| Leather Goods: Notices include wallets and shoes | 13 Notices | Chromium (Hexavalent Compounds) |
| Receipts | 1 | Bisphenol S (BPS) |
Environmental | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Unleaded Gasoline (Wholly Vaporized) | 3 | Unleaded Gasoline |
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.
