May 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 May 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 May 2026 are excerpted and discussed below. A complete list of all new and amended Notices sent in May 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 |
| Prepared Food and Snacks: Notices include sunflower seeds, potato chips, crackers, pretzels, and soup | 141 Notices | Arsenic (Inorganic Arsenic Compounds), Cadmium, Lead and Lead Compounds, and Mercury |
7 | Perfluorooctanoic Acid (PFOA) | |
| Dietary Supplements: Notices include sea moss, protein shakes, Ashwagandha powder, and golden milk | 104 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds, and Mercury |
| 1 Notice | Lead and Lead Compounds, PFOA | |
| 1 Notice | PFOA | |
| Seafood: Notices include grilled sardines, seaweed chips, calamari, and oysters | 52 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
7 | Perfluorooctane Sulfonate (PFOS), PFOA | |
| Fruits and Vegetables: Notices include dried papaya spears, spinach, artichoke hearts, mushrooms, and canned pineapple slices | 55 Notices | Cadmium, Lead and Lead Compounds |
1 | Bisphenol A (BPA) | |
| Dried Fruits and Snacks: Notices include figs, almond butter, and chopped dates | 49 Notices | Aflatoxins, Ochratoxin A, and Fumonisin B1 |
| Spices, Sauces, and Tea: Notices include curry powder, pesto, chutney, and turmeric tea | 30 Notices | Cadmium and Lead and Lead Compounds |
| THC-Infused Products: Notices include seltzers, tonics, and gummies | 13 | Delta-9-tetrahydrocannabinol |
| Noodles, Pasta, and Rice: Notices include ravioli, pad thai, cavatappi, and gnocchi | 10 | Cadmium and Lead |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Cosmetics and Personal Care Products: Notices include body glitter, face masks, hand cream, and shampoo | 13 | Coconut Oil Diethanolamine Condensate (Cocamide Diethanolamine) and Diethanolamine |
1 | Benzophenone | |
1 | Safrole | |
1 | Mercury and Mercury compounds | |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Glass, Ceramics, and Brass Household Items: Notices include mugs, candle holders, soap dispensers, and salt and pepper shakers | 57 Notices | Lead and Lead Compounds |
1 | Arsenic (Inorganic Arsenic Compounds) | |
| Bags and Vinyl Items: Notices include photo albums, tweezer sets, skipping rope, and umbrellas | 54 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), and Di-n-butyl phthalate (DBP) |
| Receipts | 8 Notices | BPA and Bisphenol S (BPS) |
| Leather and Suede Goods: Notices include gloves, sandals, and leather shoulder straps | 6 Notices | Chromium (Hexavalent Compounds) |
1 | Lead | |
| Household Items and Clothing: Notices include jackets, vests, and cups | 5 Notices | PFOA |
| New Car Wash | 2 Notices | Diethanolamine |
| Compostable Cups | 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.
