California's bounty-hunter statute lets private attorneys sue any seller that ships to the state without proper chemical warnings — and e-commerce is the easiest target.
⚠ WARNING: This product can expose you to chemicals including Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm.
Proposition 65 is a California law that requires businesses to provide warnings when exposing consumers to chemicals known to cause cancer or reproductive harm. The list includes over 900 chemicals — everything from lead and cadmium to common compounds found in everyday consumer products.
For e-commerce sellers, Prop 65 means that if your product contains any listed substance above a safe-harbor threshold and you ship to California, you must display a clear and reasonable warning before the point of purchase. Not just on the box — on the product page itself.
The law is enforced almost entirely by private attorneys (not the state). It allows anyone to file suit, collect penalties of up to $2,500 per day per violation, and recover attorney fees. This has created a cottage industry of 'bounty hunter' law firms that systematically target online stores.
Plaintiff firms have industrialized this process. Here is exactly how they find and target online stores:
The firm purchases products from your store, often creating test accounts with California shipping addresses. They send items to a lab to check for listed chemicals like lead, cadmium, or DEHP.
They screenshot your product pages, checkout flow, and confirmation emails — building a record that no Prop 65 warning was displayed before purchase.
California law requires a 60-day notice before filing suit. This notice goes to you and the California Attorney General. Most stores settle during this window.
If you don't settle in 60 days, they file in California Superior Court. Penalties run $2,500 per day per violation, plus attorney fees — which is the real profit center.
Don't wait for the demand letter.
SuitProof scans your store for these exact vulnerabilities before attorneys do.
Scan My StoreMultiple third-party Amazon and Shopify sellers hit with Prop 65 notices for jewelry containing lead above safe harbor levels with no online warnings.
Health supplement DTC brand settled after lab tests found listed chemicals in protein powder. No Prop 65 warnings on product pages or at checkout.
E-commerce cosmetics brand sued for lead content in lipstick products. Settlement included reformulation commitment plus warnings.
Online home goods seller targeted for DEHP in vinyl products. Settled after discovery showed zero compliance measures in place.
Prevention costs less than a settlement.
Join the waitlist and scan your store for free.
If you answer yes to any of these, you may be at risk of a Prop 65 demand letter:
SuitProof automatically scans your Shopify store for these exact risks. Get on the waitlist for early access and a free compliance scan.
Scans every product page for Prop 65 warning language and verifies it meets safe-harbor formatting requirements.
Checks your cart and checkout pages for required pre-purchase warnings that many stores miss.
Tracks active Prop 65 filings and identifies which product categories and firms are being targeted right now.
Verifies your online warning language matches the latest safe-harbor requirements and AG guidance.
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Most compliance gaps are quick fixes — the hard part is knowing they exist. Run your first scan in five minutes and launch with confidence.