Private Enforcer

A private enforcer (sometimes called a ‘citizen enforcer’ or colloquially a ‘bounty hunter’) is a private individual or organisation who brings Proposition 65 enforcement actions ‘in the public interest’ under Health & Safety Code §25249.7. Private enforcers may bring suit if: (1) they have provided a 60-Day Notice of Violation to the alleged violator, the AG, and applicable district or city attorney; and (2) no government enforcer has filed suit within 60 days. Private enforcers who prevail receive 25% of assessed civil penalties plus attorney’s fees and costs. In 2024, there were over 1,300 Proposition 65 private enforcement settlements totalling tens of millions of dollars in payments to private enforcers and their attorneys.

California Health & Safety Code §25249.7(d)(e); Cal. AG Annual Proposition 65 Settlement Summaries (2024).

Private enforcement is the most common source of Proposition 65 compliance pressure on businesses. Private enforcers often focus on products readily available in California retail stores, e-commerce platforms, and online marketplaces, conducting laboratory testing to identify potential violations. Businesses can reduce private enforcement risk by: (1) implementing compliant warnings before products reach the California market; (2) conducting proactive substance testing; (3) obtaining supplier declarations for regulated chemicals; and (4) responding promptly to 60-day notices with a qualified legal strategy.