June 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 June of 2026, product manufacturers, distributors, and retailers were the targets of 520 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 June 2026 are excerpted and discussed below. A complete list of all new and amended Notices sent in June 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 |
| Powdered Foods: Notices include powdered greens, protein powder, spices, drink mixes, flour, and supplements | At least 103 Notices | Lead and Lead Compounds and Cadmium and Cadmium Compounds |
| Meals and Dishes: Notices include pasta, sesame cucumber noodles, chicken with rice, and sauces | At least 81 Notices | Lead and Lead Compounds, Cadmium and Cadmium Compounds, and Fumonisin B1 |
| Fruits and Vegetables: Notices include veggie mixes, salad mixes, collard greens, kale, dried mushrooms, dried seaweed, dried mango, blueberries, and pineapple | At least 60 Notices | Lead and Lead Compounds, Cadmium and Cadmium Compounds, and Aflatoxins |
| Snacks: Notices include chips, sunflower seeds, pretzels, nuts, crackers, and peanut butter | At least 51 Notices | Lead and Lead Compounds and Cadmium and Cadmium Compounds |
At least 16 | Aflatoxins | |
| Seafood: Notices include crab meat, shrimp skillet, scallops, clam chowder, crab/shrimp cakes, tuna, sardines, squid, and mussels | At least 25 Notices | Lead and Lead Compounds and Cadmium and Cadmium Compounds |
At least 9 | Perfluorooctane Sulfonate (PFOS), Perfluorooctanoic Acid (PFOA), and Mercury | |
| THC-Infused Products: Notices include gummies, baked goods, and tonics | At least 12 | Delta-9-tetrahydrocannabinol |
| Desserts: Notices include chocolate, cookies, candy | At least 12 | Lead and Lead Compounds, Cadmium and Cadmium Compounds, and Ochratoxin A |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Miscellaneous Consumer Products: Notices include workout gear, toys, and decor | At least 45 | Lead and Lead Compounds |
At least 20 | DEHP, PFOS, PFOA | |
| Accessories: Notices include shoes, gloves, and jewelry | At least 22 | Di-n-butyl phthalate (DBP) and Chromium (hexavalent compounds) |
| Containers: Notices include cases, card holders, travel bags, pencil pouches, backpacks, and purses | At least 22 | Diisononyl phthalate (DINP), Di(2-ethylhexyl)phthalate (DEHP), and Bisphenol A (BPA) |
| Household: Notices include pans, mugs, plates, cutlery, and utensils | At least 20 | Lead and Lead Compounds |
| Tools: Notices include cable cutter, tweezers, scissors, and welding rods | At least 12 | DINP, DEHP, Nickel and Nickel Compounds |
| Receipts | At least 3 | Bisphenol S (BPS) |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Skin Products: Notices include body lotion, body glitter, and body wash | At least 5 Notices | Diethanolamine |
| Hair Products: Notices include hair dye, shampoo, and conditioner | At least 3 | Diethanolamine and DEHP |
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.
