Prop 65 Benchmark

Evan Smith: Proposition 65 notices and settlements

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

Notices
2,501
5% withdrawn
Recorded settlements
960
40% of active notices
Median total payment
$16,500
range $5,000 to $85,000, n=960
Median days to settlement
n/a
from notice filing date
PaymentMedianMiddle halfRangeSample
Civil penalty$500$500 to $2,000$500 to $12,000960
Attorney fees and costs$15,500$10,000 to $20,000$4,500 to $78,000960
Total payments$16,500$10,500 to $21,750$5,000 to $85,000960

Settlements that ended in reformulation: 83%. Settlements that ended in warnings: 96%. A settlement reported under several notice numbers is counted once.

Most common product types

Product typesNotices
Other504
Ceramics and glassware417
Bags and cases317
Food: snacks and confectionery143
Food: other139
Received a notice? Look it up and get a $39 benchmark of what comparable notices settled for, matched on filer, chemical and product type.