California Proposition 65 Enforcement Surge in 2026 Targets Food, Personal Care and Apparel

In 2026 California’s Proposition 65 enforcement continued to intensify, with private enforcers issuing more than 2,600 notices of violation. Food, personal‑care and apparel companies were the primary targets. Private plaintiffs pursued over 100 lawsuits over diethanolamine (DEA) in cosmetics, but a June judgment by the California Attorney General, upheld by a federal district court, ruled that compelled DEA warnings violate the First Amendment, effectively ending coordinated DEA actions.

Heavy‑metal claims persisted, especially for cadmium and lead in foods, beverages and supplements. A coordinated proceeding was granted to combine dozens of cadmium cases to address exposure averaging. BPA, BPS, hexavalent chromium and aflatoxin claims also rose, with aflatoxin notices—first filed in August 2025—reaching about 60 in 2026.

June 2026 saw a spike in “bounty‑hunter” activity, with 520 new or amended notices covering powdered foods, meals and produce. The notices alleged the presence of lead, cadmium, and fumonisin B1 across a wide range of products, underscoring the broadening scope of Prop 65 litigation.