May 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 May of 2025, product manufacturers, distributors, and retailers were the targets of 364 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 May 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in May 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 coconut water, granola, vegan jerky, and flax seed crackers | 38 Notices | Cadmium and Lead and Lead Compounds |
| Dietary Supplements: Notices include mushroom powder, wheatgrass powder, ashwagandha powder, and vegan protein | 37 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds, and Mercury |
| Fruits and Vegetables: Notices include capers, dried cherries, kale chips, and olives | 28 Notices | Cadmium and Cadmium Compounds and Lead and Lead Compounds |
| Seafood: Notices include sardines, mackerel, yellowfin tuna, and salmon | 24 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
| Noodles, Pasta, and Grains: Notices include gluten-free gnocchi, risotto, and cassava flour | 13 Notices | Lead and Cadmium |
| Cannabis Products: Notices include seltzers, gummies, and bath bombs | 7 Notices | Delta-9-tetrahydrocannabinol |
| Spices and Sauces: Notices include balsamic vinegar, tomato paste, and Ras el hanout | 7 Notices | Lead and Lead Compounds |
| Assorted Food and Drinks: Notices include canned coconut water, kidney beans, and mushrooms | 5 Notices | Bisphenol A (BPA) |
| Protein Powder and Superfood Powder | 2 Notices | Perfluorooctanoic Acid (PFOA) |
| Petit Sardines in Olive Oil | 1 Notice | Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Personal Care Products: Notices include body wash, lotion, and hand sanitizer | 10 Notices | Coconut Oil Diethanolamine Condensate (Cocamide Diethanolamine) and Diethanolamine |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Bags and Cases: Notices include storage bins, travel sets, and business card holders | 35 Notices | Di(2-ethylhexyl)phthalate (DEHP), Di-n-butyl phthalate (DBP), and Diisononyl phthalate (DINP) |
| Household Items and Tools: Notices include compasses, lead anchors, and nozzles | 33 Notices | Lead and Lead Compounds |
| Glass, Ceramics, and Brass Accessories: Notices include mugs, trays, dishes, and glassware, and candle holders | 32 Notices | Lead |
| Household Items and Sports Gear: Notices include badminton sets, pickleball paddles, reading glasses, and scissors | 27 Notices | Di(2-ethylhexyl)phthalate (DEHP), Di-n-butyl phthalate (DBP), and Diisononyl phthalate (DINP) |
| Receipt Paper and Tags | 18 Notices | Bisphenol S (BPS) |
| Clothing: Notices include jackets and shorts | 17 Notices | Perfluorooctanoic Acid (PFOA) |
| Household Items: Notices include brass pens, picture frames, and desk stands | 12 Notices | Lead |
| Clothing: Notices include hoodies, jackets, and pants | 12 Notices | Di(2-ethylhexyl)phthalate (DEHP) and Diisononyl phthalate (DINP) |
| Household Items: Notices include pet beds and umbrellas | 3 Notices | Perfluorooctanoic Acid (PFOA) |
| Leather Goods | 2 Notices | Chromium (hexavalent compounds) |
Environmental | ||
| Product Category | ||
| Unleaded Gasoline | 1 Notice | Unleaded Gasoline (wholly vaporized) |
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.