Beware the benzene bounty hunters
One of IBA’s current priorities is making sure its member companies - small and medium-sized beauty product manufacturers and brands - do not expose themselves to the risk of class action litigation.
“There are bounty hunters out there who will specifically test products for Prop 65 ingredients and will put out class action suits against different manufacturers and suppliers in the hopes of getting a settlement,” Frey said.
Smaller companies may not have the resources to handle class action lawsuits, which is why Frey said IBA tried to make its members aware of the threat and how to protect their brands.
He said it is largely about having the appropriate records, which is something smaller companies often struggled with. This advice doesn’t just apply to testing for benzene but extends to any banned ingredients or contaminants that are deemed as presenting a risk to consumer safety.