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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 January of 2026, product manufacturers, distributors, and retailers were the targets of 512 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 January 2026 are excerpted and discussed below. A complete list of all new and amended Notices sent in January 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 protein powder, protein bar, daily greens powder, and protein shakes | 71 Notices | Lead and Lead Compounds, Cadmium and Cadmium Compounds |
| 3 Notices |
Perfluorooctanoic Acid (PFOA) | |
| Meals and Dishes: Notices include pasta, mashed potatoes, lo mein, creamed spinach, tofu scramble, rice, and ramen | 63 Notices |
Lead and Lead Compounds, Cadmium and Cadmium Compounds |
| Seafood: Notices include crab meat, shrimp skillet, scallops, clam chowder, crab/shrimp cakes, tuna, sardines, squid, and mussels | 54 Notices | Lead and Lead Compounds, Cadmium and Cadmium Compounds |
| 9 Notices |
Perfluorononanoic Acid (PFNA), Perfluorooctanesulfonic Acid (PFOS), PFOA | |
| Ingredients: Notices include sunflower butter, spices, extracts, tomato paste, and concentrate and powders of whole foods | 42 Notices | Lead and Lead Compounds, Cadmium and Cadmium Compounds |
| Fruits and Vegetables: Notices include veggie mixes, salad mixes, collard greens, kale, dried mushrooms, dried seaweed, dried mango, blueberries, and pineapple | 31 Notices |
Lead and Lead Compounds, Cadmium and Cadmium Compounds |
| Snacks: Notices include chips, spinach dip, sunflower seeds, pretzels, and granola | 25 Notices | Lead and Lead Compounds, Cadmium and Cadmium Compounds, PFOA |
| Edibles: Notices include gummies, baked goods, and beverages | 12 Notices | Delta-9-tetrahydrocannabinol |
| Plant-Based Meat Substitutes, Vegan Foods: Notices include plant-based roast with gravy, shredded jackfruit, and vegan cheese | 7 Notices |
Lead and Lead Compounds, Cadmium and Cadmium Compounds |
| Alcoholic Beverages: Notices include cider, wine, beer, and ready-to-drink cocktails | 4 Notices |
Ethyl Alcohol in Alcoholic Beverages |
| Meats: Notice includes pulled pork | 1 Notice |
Cadmium and Cadmium Compounds |
Consumer Products |
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| Product Category | Notice(s) | Alleged Chemicals |
| Household: Notices include bowls, candle holders, mugs, glassware, espresso maker, and decor | 46 Notices |
Lead and Lead Compounds |
| Tools: Notices include pliers, valves, and propane hoses | 33 Notices |
Lead and Lead Compounds |
| 18 Notices |
Bis(2-ethylhexyl) Phthalate (DEHP), Di-n-butyl Phthalate (DBP) | |
| Receipts | 29 Notices | Bisphenol S (BPS) |
| Containers: Notices include cases, card holders, travel bags, pencil pouches, luggage tags, backpacks, and purses | 26 Notices |
DEHP, DBP |
| Wearable Accessories: Notices include gloves, belts, aprons, lifting straps, safety vests, and shoes | 12 Notices |
Chromium (Hexavalent Compounds), DEHP, Bisphenol A (BPA) |
| Miscellaneous Consumer Products: Notices include workout gear, sauna suit, speakers, fly boxes, and snorkels | 7 Notices |
DEHP, DBP, BPA |
| Paints | 1 Notice |
Cadmium and Cadmium Compounds |
Cosmetics and Personal Care |
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| Product Category | Notice(s) | Alleged Chemicals |
| Skin Products: Notices include hand/foot cream, lotions, moisturizers, serums, and face wash | 8 Notices |
Diethanolamine |
| 1 Notice |
Mercury and Mercury Compounds | |
| Makeup: Notices include brow kits, mascara, and fake blood | 6 Notices |
Diethanolamine, Bis(2-ethylhexyl) Phthalate (DEHP) |
| Bath Products: Notices include shower gel and shaving cream | 2 Notices |
Diethanolamine |
| Accessories: Notice includes hair clips | 1 Notice |
DEHP |
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.
