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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 August of 2026, product manufacturers, distributors, and retailers were the targets of 518 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 August 2026 are excerpted and discussed below. A complete list of all new and amended Notices sent in August 2026 can be found on the California Attorney General’s website, located here: 60-Day Notice Search.
Food and Drug |
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| Product Category | Notice(s) | Alleged Chemicals |
| Dietary Supplements: Notices include ashwaganda powder, moringa powder, and maca powder | 106 Notices |
Lead and Lead Compounds and Cadmium and Cadmium Compounds |
| Prepared Food and Snacks: Notices include chips, crackers, and sunflower kernels | 84 Notices |
Cadmium and Lead and Lead Compounds |
| Fruits and Vegetables: Notices include dried apricots, artichokes, and baby kale | 42 Notices |
Cadmium and Lead and Lead Compounds |
| Spices, Sauces, and Tea: Notices include matcha, balsamic vinegar, and marinara sauce | 31 Notices | Lead and Lead Compounds |
| Seafood: Notices include seaweed chips, shrimp, and clams | 27 Notices | Cadmium and Cadmium Compounds and Lead and Lead Compounds |
| Dried Fruit and Snacks: Notices include almond butter, pumpkin seeds, and raisins | 25 Notices |
Aflatoxins, Ochratoxin A, and Fumosinin B1 |
| Noodles, Pasta, and Rice: Notices include tortellini, penne, and dan dan noodles | 18 Notices |
Cadmium and Lead and Lead Compounds |
| THC Products: Notices include gummies, prerolls, and chocolate | 13 Notices | Delta-9-tetrahydrocannabinol and Marijuana Smoke |
| Food and Supplements: Notices include tuna, oyster sauce, and plant-based shakes | 8 Notices |
Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) |
Consumer Products |
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| Product Category | Notice(s) | Alleged Chemicals |
| Glass, Ceramics, and Brass: Notices include mugs, jars, and bowls | 97 Notices |
Lead |
| Bags and Vinyl Items: Notices include backpacks, makeup bags, and badge holders | 38 Notices |
Di(2-ethylhexyl)phthalate (DEHP), Diisononyl phthalate (DINP), and Di-n-butyl phthalate (DBP) |
| Leather and Suede Goods: Notices include sandals, slippers, and gloves | 16 Notices |
Chromium (Hexavalent Compounds) |
| Household Items and Clothing: Notices include shirts, swimwear, and grill covers | 10 Notices | 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.
