Proposed Proposition 65 Settlement for Soft Plastic Baits
There is a hard deadline of April 17, 2019 to “opt-in” to the settlement.
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 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 plastics is also required.
The terms of the settlement would be effective upon approval by a California court. In 2018, a court approved the same settlement terms for the ASA members named in that action. The intent was to allow companies to join that settlement after court approval, but the Court would not allow it.
Defining “Fishing Lures”
In a Memorandum of Understanding between ASA and Kingpun Cheng, “Fishing Lures” means the category of bait composed in whole or part of soft plastic substrate and intended for use in fishing.
The proposed settlement does not apply to lures that are made of materials other than soft plastic and does not apply to other fishing tackle.
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.
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.
How to Opt-In to the Prop 65 Fishing Lure 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.
There is a hard deadline of April 17, 2019 to “opt-in” to the settlement.
Before that date, participating companies must complete the Opt-In Stipulation and submit it with the required payment to the attorneys handing the settlement for our industry.
Click here for the Opt-In Stipulation Form
Click here for the Prop 65 Fishing Lure FAQs
