Witherspoon’s agent has not yet commented.
The incident will embarrass the veteran actress, who, unlike many of her contemporaries, has long avoided controversy, run-ins with the law and humiliating public meltdowns.
Witherspoon, 37, and Toth, who is also her agent, were married in March 2011 and had their first child together in September 2012.
The actress has two children with her former husband, Ryan Philippe.