February 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 February of 2025, product manufacturers, distributors, and retailers were the targets of 341 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 Notices sent in February 2025 are excerpted and discussed below. A complete list of Notices sent in February 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 |
| Prepared Foods: Notices include falafel mix, organic veggie wraps, cassava chips, protein bites, plant-based chili mac, vanilla pudding, soba noodles, plant-based flavored ramen, biryani masala, and tofu veggie burger | 46 Notices | Lead and Lead Compounds, and Cadmium |
| Dietary Supplements: Notices include plant-based fruit shakes, daily greens and multivitamins, superfood smoothie kits, customized protein powder, astragalus, chickpea plant-based protein powder, ashwaganda powder, maca root powder, sparkling probiotic elixir | 22 Notices | Lead and Lead Compounds, Cadmium, and Mercury |
| Fruits, Vegetables, and Mushrooms: Notices include carrot juice, sun-dried tomatoes in olive oil, Greek marinated mixed olives, organic mixed vegetables, chopped kale, fruit and vegetable puree, pickled sliced ginger, mushroom powder extract, cactus nopalitos, and basmati rice | 18 Notices | Lead and Lead Compounds, and Cadmium |
| Seafood: Notices include sun dried sea moss, dried seaweed knots, dried shrimp, sardines, calamari tubes and tentacles, seafood stock, cod liver, fermented fish paste, and mackerel in extra virgin olive oil | 17 Notices | Cadmium and Cadmium Compounds, Lead and Lead Compounds |
| Herbs, Spices, and Seeds: Notices include freeze-dried mint, sunflower seeds, golden chai, and dried ginger | 7 Notices | Lead and Lead Compounds, and Cadmium |
| Various Foods: Notices include traditional refried beans, hearts of palm, green pigeon peas, coconut milk, and olives with minced anchovies | 5 Notices | Bisphenol A (BPA) |
| Dietary Supplements: Notices include plant-based post-workout protein powder, vegan protein muscle building fuel, and plant-based shakes | 3 Notices | Perfluorooctanoic Acid (PFOA) |
| THC-Containing Products: Notices include cannabis-infused edibles | 2 Notices | Delta-9-tetrahydrocannabinol |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Personal Care Items: Notices include body lotions, burn relief gel, facial scrubs, anti-cellulite hot creams, shave gels, healing gels, barrier repair skin creams, stem cell serums, hair makeup, sunscreen, liquid brow soap, shave gel with aloe | 37 Notices | Diethanolamine |
| Cosmetics: Notices include mascara, UV neon makeup, fluid foundation, theatrical blood, body paint makeup, plumping lip balm, lip oil and glitter makeup | 16 Notices | Diethanolamine |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Miscellaneous Consumer Products: Notices include polaroid card holder, foam puzzle play mat, PVC ice packs, jewelry pliers, brass candle snuffer, cup cleaning brushes, vinyl covers, bracelet holder, vinyl banners, PVC aprons, salt and pepper shakers with PVC components, and glassware with exterior designs | 40 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), and Di-n-butyl phthalate (DBP), Lead |
| Bags and Cases: Notices include backpacks, shower curtain storage bags, makeup bags, phone bag, toiletry bags, dry bag, rug bag, tote bag with PVC components, and purses | 27 Notices | Di(2-ethylhexyl)phthalate (DEHP), Di-isodecyl phthalate (DIDP), and Diisononyl phthalate (DINP) |
| Hardware and Home Improvement Products: Notices include hammer sets, kitchen accessories with USB cords, tire gauges, brass hose fittings, cables, thermometers, flush cutters, brass garden hose splitters | 16 Notices | Lead, Di(2-ethylhexyl)phthalate (DEHP), Di-n-butyl phthalate (DBP), and Di-isodecyl phthalate (DIDP) |
| Metals and Ceramics: Notices include kettles, canisters, bowls, trays, teacups, mugs, teapots, jars, and candle holders | 13 Notices | Lead |
| Clothing and Shoes: Notices include sweatpants, hi-vision gloves, girls jacket, faux fur jacket, gloves with leather, footwear with leather, and sandals | 10 Notices | Di(2-ethylhexyl)phthalate (DEHP), and Chromium (hexavalent compounds) |
| Hobby Items: Notices include fishing weights, badminton rackets, art panels, artist kits for children, exercise equipment, and an artist brush set | 8 Notices | Lead and Di(2-ethylhexyl)phthalate (DEHP) |
| Miscellaneous Consumer Products: Notices include umbrella, tablecloths, shower curtains, girl’s bag, children’s gloves, hi-viz field jacket, rain jacket, and shorts | 8 Notices | Perfluorooctanoic Acid (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.