/>iCalifornia’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 June of 2025, product manufacturers, distributors, and retailers were the targets of 400 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 June 2025 are excerpted and discussed below. A complete list of all new and amended Notices sent in June 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, crackers, cookies, and soup |
48 Notices |
Cadmium and Lead and Lead Compounds |
| Dietary Supplements: Notices include smoothie powder, cod liver oil, and mushroom protein |
29 Notices |
Cadmium and Lead and Lead Compounds |
| Seafood: Notices include shrimp paste, clams, dried herring, and codfish in olive oil |
26 Notices |
Cadmium and Cadmium Compounds, Lead and Lead Compounds, Mercury and Mercury Compounds |
| Fruits and Vegetables: Notices include mushrooms, sundried tomatoes, kale chips, and apples |
18 Notices |
Cadmium and Lead and Lead Compounds |
| Spices, Sauces, and Tea: Notices include pesto, Chai, cinnamon, and pickle relish |
8 Notices |
Lead and Lead Compounds |
| Dairy Products: Notices include whipped topping and coffee creamer |
5 Notices |
Nitrous Oxide |
| Noodles, Pasta, and Grains: Notices include orzo salad, lasagna, and rice bowls |
4 Notices |
Lead and Cadmium |
| Cannabis Products: Notices include gummies and tonics |
3 Notices |
Delta-9-tetrahydrocannabinol |
| Anchovy Paste and Smoked Baby Clams |
2 Notices |
Perfluorononanoic Acid (PFNA) and its salts, Perfluorooctane Sulfonate (PFOS) and Perfluorooctanoic Acid (PFOA) |
| Plant-based Protein Powder and Superfood Blend |
2 Notices |
Perfluorooctanoic Acid (PFOA) |
| Vitamin A Supplements |
1 Notice |
Retinol |
| Cosmetics and Personal Care | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Personal Care Products: Notices include sunscreen, body lotion, and styling gel |
9 Notices |
Diethanolamine |
| Consumer Products | ||
| Product Category | Notice(s) | Alleged Chemicals |
| Receipts, Thermal Labels, and Thermal Receipt Paper |
125 Notices |
Bisphenol S (BPS) |
| Glass, Ceramics, and Other Housewares: Notices include mugs, trays, dishes, and luggage locks |
45 Notices |
Lead |
| Plastic Bags and Cases |
24 Notices |
Di(2-ethylhexyl)phthalate (DEHP) |
| Paint |
13 Notices |
Cadmium and Cadmium Compounds |
| Household Items and Tools: Notices include rain gauges, soldering wire, garden hose fittings, and dumbbells |
11 Notices |
Lead |
| Household Items and Sports Gear: Notices include pickleball rackets, keychains, needle nose pliers, and safety vests |
11 Notices |
Di(2-ethylhexyl)phthalate (DEHP), Di-n-butyl phthalate (DBP), and Diisononyl phthalate (DINP) |
| Leather Goods: Notices include gloves, loafers, and sandals |
6 Notices |
Chromium (hexavalent compounds) |
| Sandals |
2 Notices |
Di(2-ethylhexyl)phthalate (DEHP) and Di-n-butyl phthalate (DBP) |
| Shower Caps |
1 Notice |
Perfluorooctanoic Acid (PFOA) |
| Ceramic Water Sharpener |
1 Notice |
Bisphenol A (BPA) |
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 Proposition 65 services to a wide range of industries, including food and beverage, personal care, consumer products, chemical products, e-vapor and tobacco products, household products, plastics and rubber, and retail distribution.
