HB Ad Slot
HB Mobile Ad Slot
October 2023 Bounty Hunter Plaintiff Claims
Thursday, November 16, 2023

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.

In October of 2023, product manufacturers, distributors, and retailers were the targets of 404 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 October 2023 are excerpted and discussed below. A complete list of Notices sent in October 2023 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
Dietary Supplements: Notices include protein powder and ashwagandha powder, collagen powder, psyllium husk powder, chlorella, breastfeeding supplement, plant protein powders, moringa and beet root powder, hibiscus powder, and flax seed 40 Notices

Mercury, Lead and Lead Compounds, and Cadmium

Seafood: Notices include canned sardines, dried shrimp and herring, kelp knots, seaweed, shellfish, and octopus 16 Notices Arsenic, Cadmium and Cadmium Compounds, Lead and Lead Compounds, and Mercury
Noodles, Pasta, and Rice: Notices include risotto, noodle soup, jasmine rice, fusilli pasta, and spinach fettuccine 7 Notices Lead, Cadmium, and Mercury
Fruits and Vegetables: Notices include dried mushrooms, dried apricots, mango, jarred pickles, sun-dried tomatoes, capers, fresh spinach and kale, bamboo shoots, and ground oregano 40 Notices Lead and Lead Compounds, Mercury, Cadmium and Cadmium Compounds, Arsenic (inorganic arsenic)
Chutneys, Moles, Pastes, and Sauces 11 Notices Lead and Lead Compounds
Assorted Prepared Food and Snacks: Notices include crackers, beet latte, oatmeal bars, stuffed olives, and vegan jerky 24 Notices Cadmium, Lead and Lead Compounds, and Mercury
Escargot and Cassava Flour 2 Notices Cadmium and Cadmium Compounds, and Lead

Cosmetics and Personal Care

Product Category Notice(s) Alleged Chemicals
Powdered Cosmetics: Notices include blush powder and eyeshadow palettes 4 Notices Titanium Dioxide (airborne, unbound particles of respirable size)
Personal Care Items: Notices include manicure sets, facial sprays, glitter gel, brow kits, face masks, styling gel, and shave gel 11 Notices

Di(2-ethylhexyl)Phthalate (DEHP), Diethanolamine, Coconut Oil Diethanolamine Condensate (cocamide diethanolamine), and Lead

Consumer Products

Product Category Notice(s) Alleged Chemicals
Cookware: Notices include blender and nonstick frypans 2 Notices Bisphenol A (BPA) and Perfluorooctanoic Acid (PFOA)
Leather Footwear and Accessories: Notices include gloves, belts, boots, and wallets 3 Notices

Chromium (hexavalent compounds)

Golf Hats and Children’s Bibs 5 Notices

Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS)

Clothing and Shoes: Notices include sandals, belts, work gloves, and aprons 6 Notices

Di(2-ethylhexyl)Phthalate (DEHP), Diisononyl Phthalate (DINP), and Di-n-butyl Phthalate (DBP)

Plastic Pouches, Bags, and Accessories: Notices include backpacks, bags, purses, cases, travel pouches, lunch bags, and baskets 30+ Notices

Di(2-ethylhexyl)Phthalate (DEHP), Diisononyl Phthalate (DINP), and Di-n-butyl Phthalate (DBP)

Glassware and Ceramics with Exterior Designs

30+ Notices

Lead and Di(2-ethylhexyl)Phthalate (DEHP)

Fishing Sinkers

7 Notices Lead
Soldering Wire and Solder 8 Notices

Lead, Di(2-ethylhexyl)Phthalate, and Di(2-ethylhexyl)Phthalate (DEHP)

Sports Gear: Notices include jump rope, dumbbells, free weights, nets, and cupping sets

10 Notices

Di(2-ethylhexyl)Phthalate (DEHP) and Lead

Vinyl Products: Notices include curtains and liners, grips, tarps, electrical tape, hoses, tubing, pet beds, and luggage tags

19 Notices

Di(2-ethylhexyl)Phthalate (DEHP), Diisononyl Phthalate (DINP), and Lead


Discharges into Sources of Drinking Water

1 Notice

Perfluorooctane Sulfonate (PFOS)


Product Category Notice(s) Alleged Chemicals
Unleaded Gasoline 85+ Notices Unleaded Gasoline (wholly vaporized)
HB Ad Slot
HB Ad Slot
HB Mobile Ad Slot
HB Ad Slot
HB Mobile Ad Slot
HB Ad Slot
HB Mobile Ad Slot

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins


Sign Up for e-NewsBulletins