Changes to Prop 65 regulations in California could slow down some NGOs that have profited most from bringing suits against companies, but industry representatives say incentives for private enforcement will remain in cases where settlement offers nothing of value to the public.
Prop 65 Private-Enforcement Reforms Won’t Disincentivize Bounty Hunting
Newly amended Prop 65 regulations seek to disincentivize private actions that would not result in significant public benefit, in part by imposing caps on “additional settlement payments.” Industry stakeholders predict, however, that plaintiffs and their counsel will simply seek increased attorney fees and/or greater civil penalties to cover the shortfall.
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