March 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 March of 2025, product manufacturers, distributors, and retailers were the targets of 283 new Notices of Violation (“Notices”), as well as 75 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 March 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in March 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 sunflower seeds, granola, instant soup, chips, crackers, and energy bars | 50 Notices | Cadmium, Lead and Lead Compounds, Mercury and Mercury Compounds |
| Dietary Supplements: Notices include pea protein powder, protein shake blends, dietary fiber supplements, and cinnamon supplements | 33 Notices | Cadmium, Mercury and Mercury Compounds, Lead and Lead Compounds, Bisphenol A, Perfluorooctanoic Acid (PFOA), and Perfluorooctane Sulfonate (PFOS) |
| Fruits and Vegetables: Notices include pickled ginger, kale chips, and dried mango slices | 12 Notices | Lead and Lead Compounds |
| Seafood: Notices include shrimp, crab cakes, mussels, and anchovies | 9 Notices | Cadmium and Lead and Lead Compounds |
| Assorted Prepared Food and Snacks: Notices include coconut water, black beans, and plant-based chicken | 5 Notices | Bisphenol A (BPA) |
| Cannabinoid Products: Notices include gummies and coffee | 5 Notices | Delta-9-tetrahydrocannabinol |
| Seafood: Notices include anchovies, smoked clams, and sardines | 5 Notices | Perfluorononanoic acid (PFNA) and its salts, Perfluorooctanoic Acid (PFOA), and Perfluorooctane Sulfonate (PFOS) |
| Noodles, Pasta, and Grains: Notices include penne and gluten-free fusilli | 4 Notices | Lead and Cadmium |
| Spices and Sauces: Notices include mole, curry, and vegan Bolognese | 4 | Lead and Lead Compound |
| Fruits and Vegetables: Notices include mushrooms and pineapple slices | 2 | Bisphenol A (BPA) |
| Seafood: Notices include chunk light tuna | 1 | Bisphenol A |
Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Personal Care Items: Notices include shower caps and body tape | 6 Notices | Perfluorooctanoic Acid (PFOA) |
| Personal Care Products: Notices include lotion, hair oil, and shave gel | 6 Notices | Diethanolamine |
| Personal Care Products: Notices include hair growth jelly | 1 | Lead |
Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Glassware and Ceramics: Notices include serving dishes, mugs, bowls, and vases | 34 Notices | Lead |
| Plastic Pouches, Bags, and Accessories: Notices include clutches, toy baskets, travel cases, and cross-body bags | 33 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), and Di-n-butyl phthalate (DBP) |
| Clothing: Notices include jackets, hoodies, shoes, and shorts | 15 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), and Di-n-butyl phthalate (DBP) |
| Housewares: Notices include umbrellas, shower curtain liners, and washcloths | 15 Notices | Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) |
| Housewares: Notices include tablecloths, corkscrews, and rope lights | 11 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP) and Di-n-butyl phthalate (DBP) |
| Tools: Notices include first aid kits, clamps, valves, safety vests, and natural gas conversion kits | 11 Notices | Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), and Lead |
| Gloves | 4 Notices | Chromium (hexavalent compounds) |
| Housewares: Notices include lunch bags, generator covers, and athletic tape | 4 | Perfluorooctanoic Acid (PFOA) |
| Moth Balls | 4 | Naphthalene and p-Dichlorobenzene |
| Housewares: Notices include canes, brass bells, and air fresheners | 3 | Lead |
| Jackets | 3 | Perfluorooctanoic Acid (PFOA) |
| Sports Equipment: Notices include jump ropes and hockey sticks | 2 | Di(2-ethylhexyl)phthalate (DEHP) |
| Furniture Wax | 1 | Toluene |
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.