Proposed Proposition 65 Settlement for Fishing Lures

There is a hard deadline of April 17, 2019 to “opt-in” to the settlement.

The American Sportfishing Association (ASA), working with California-based attorneys, has negotiated a settlement of potential Proposition 65 claims that could be made based on California sales of soft plastic baits containing certain chemicals.

The proposed settlement addresses four Prop 65-listed phthalates in plastic fishing lures: BBP, DEHP, DIDP, and DINP. It was negotiated by ASA and Kingpun Cheng (Cheng), the plaintiff in a previous settlement between a Prop 65 enforcer and several companies that sold fishing lures in Cheng v. Zoom Bait.

According to the Memorandum of Understanding between ASA and Cheng, “Fishing Lures” means the category of bait composed in whole or part of soft plastic substrate and intended for fishing.

Please note that ASA is not offering any legal advice or recommendations. You will need to consult your own attorney for legal advice. Each company will need to decide whether entering the settlement makes business sense. Also keep in mind that approval of the settlement terms is ultimately up to the court.

PLEASE NOTE: ASA strongly recommends that you label everything. This opt-in settlement is only for soft plastic fishing lures containing BBP, DEHP, DIDP, and DINP. This Opt-in Settlement does not apply to other products or other phthalates.

How to Opt-In to the Prop 65 Settlement
To allow additional companies to take advantage of the settlement terms, a new action is necessary.

The purpose of the settlement is two-fold –

• It would extinguish claims made against products covered by the settlement; and;
• It would eliminate the need for a Proposition 65 warning for certain covered products.

The proposed settlement covers four listed chemicals used in soft plastic lures: DINP, DIDP, DEHP, and BBP. To be covered by the settlement, a company must agree to receive a Proposition 65 notice and be subject to the jurisdiction of the California court (i.e. be named in the lawsuit). A payment based on California sales of soft plastic baits is also required.

Before that date, participating companies must complete the Opt-In Stipulation Form and submit it with the required payment to the attorneys handing the settlement for our industry.

Where can I get more information and Prop 65 Settlement Opt-in form?
You can get the opt-in stipulation form along with the FAQs and the Prop 65 Opt-in process description here.

You may also contact ASA’s attorney for Prop 65 issues only at:

Jeffrey Margulies
Norton Rose Fulbright US LLP
555 South Flower Street, 41st Floor
Los Angeles, CA 90071
213-892-9286
jeff.margulies@nortonrosefulbright.com