October 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 October of 2025, product manufacturers, distributors, and retailers were the targets of 590 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 October 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in October 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 |
| Dietary Supplements: Notices include smoothie powder, collagen powder, and nutrition shakes | 80+ Notices | Cadmium, Lead and Lead Compounds |
| Assorted Prepared Food and Snacks: Notices include sunflower seeds, cookies, chips, and soup | 63 Notices | Cadmium, Lead and Lead Compounds, Mercury |
| Seafood: Notices include shrimp sauce, dried squid, and chopped clams | 42 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds, Mercury and Mercury Compounds |
| Fruits and Vegetables: Notices include carrots, cherries, and dried apricots | 21 Notices | Cadmium, Lead and Lead Compounds |
| Spices, Sauces, and Tea: Notices include matcha green tea, ground turmeric, and salsa | 17 Notices | Lead and Lead Compounds |
| Noodles, Pasta, and Grains: Notices include brown basmati rice, penne pasta, and ramen noodles | 11 Notices | Cadmium, Lead and Lead Compounds |
| Plant-Based Protein Powder and Superfood Blend | 5 | Lead and Lead Compounds, Perfluorononanoic Acid (PFNA), Perfluorooctanoic Acid (PFOA) |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Receipts, Thermal Receipt Paper, and Energy Drink | 200+ Notices | Bisphenol S (BPS) |
| Household Items: Notices include baskets, plant holders, and tabletops | 33 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diethanolamine, Lead, Perfluorooctane Sulfonate (PFOS), PFOA |
| Glass, Ceramics, and Other Housewares: Notices include mugs, trays, dishes, and pots | 30 Notices | Lead |
| Bags and Cases | 24 Notices | DEHP, Diisononyl phthalate (DINP) |
| Household Items and Tools: Notices include drain stoppers, hose splitters, and USB cords | 12 Notices | DEHP, PFOA |
| Household Items and Sports Gear: Notices include dumbbells, skipping rope, and kettlebells | 8 Notices | DEHP, DINP, Lead, Di-n-butyl phthalate (DBP) |
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.
