Prop 65 bounty hunters are citizens that target and identify businesses out of compliance with Prop 65 labeling rules. It is estimated that around 72% of all Prop 65 lawsuits are created from bounty hunter litigation.
To hear more about Wayne’s take on Prop 65 litigation and overall regulation compliance, click here to sign up for our webinar, California Prop 65 Preparation Guide.
- The California attorney General’s Office
- District Attorney for cities with populations that exceed 750,000
- Any individual acting in the public interest may file a lawsuit against a business alleged to be in violation of the law
Bounty Hunter Incentive
- Injunctive relief
- Penalties of up to $2,500 per day
- 25% of penalties paid to citizen suit enforcer
- Penalties can be up to $2,500 a day, per violation.
- Attorney’s fees and costs
Common defense mechanisms
- Out of scope companies
- Less than 10 employees
- Government Agencies
- Safe Use Determination
- Administratively determined
- Safe Harbor Determinations
- Judicially Determined
Our Director of Compliance Product Research, Zephen Specht, went into further detail outlining that section 25600.2 clarifies the obligations of parties within the supply chain and puts the primary burden of Prop 65 warnings on the “upstream entities”, such as the manufacturer, producer, packager, importer, or distributor. The amendment also defines the only instances in which a retailer will be liable for a failure to provide a Prop 65 warning under the Act. This includes the retailer’s responsibility to provide warnings to specific situations in which they have removed or obscured a warning label, been notified of a warning obligation by a supplier but have failed to provide the warnings, and a few other limited circumstances such as internet and catalog purchases.
Source Intelligence, along with Wayne Rosenbaum recently debuted our Prop 65 Preparation webinar. Along with a detailed overview of internet warnings, here’s some of the topics we covered:
- Pre/post amendment regulation overview
- Labeling Variations
- Internet labeling, on-product labeling, packaging labeling, occupational labeling, public facility labeling and more unique situations.
- Bounty Hunter safeguarding best practices
- 60 day warning notice course of action overview
- Supply chain communication chain of custody
- Critical product information that needs to be passed through the supply chain
- Product chemical awareness
- Evidence-based data collection approach
- Declarations vs. product analytics
- Enterprise vs. SME compliance workflow examples