Prop 65 Benchmark

Evan J. Smith: Proposition 65 notices and settlements

Notices brought with Evan J. Smith as plaintiff counsel, and what they settled for.

Notices
1,000
8% withdrawn
Recorded settlements
583
62% of active notices
Median total payment
$18,000
range $1,700 to $105,000, n=583
Median days to settlement
n/a
from notice filing date
PaymentMedianMiddle halfRangeSample
Civil penalty$1,000$500 to $2,000$100 to $10,000583
Attorney fees and costs$17,000$12,000 to $22,500$1,200 to $95,000583
Total payments$18,000$12,500 to $24,500$1,700 to $105,000583

Settlements that ended in reformulation: 83%. Settlements that ended in warnings: 85%. A settlement reported under several notice numbers is counted once.

Most common product types

Product typesNotices
Other299
Bags and cases271
Cosmetics and personal care70
Ceramics and glassware63
Toys and sporting goods57
Received a notice? Look it up and get a $39 benchmark of what comparable notices settled for, matched on filer, chemical and product type.