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Manufacturers given deadline over Proposition 65 opt-in

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Former ASA VP Government Affairs, Scott Gudes (left), and Marc M. Gorelnik took part in seminars at last year’s ICAST highlighting the issues caused by Proposition 65.

Manufacturers have been given an April 17th deadline to opt in to a Proposition 65 settlement negotiated by the American Sportfishing Association (ASA) and California attorneys.

Prop. 65 seeks to protect consumers from products sold in California that contain harmful chemicals. Under State law, it could have serious ramifications for any business involved in the manufacture, supply and sale of fishing tackle.

The new regulations were featured in a special report in the September 2018 issue of Angling International, which warned that failure to comply would be heavily penalised.

The ASA made its members aware of the regulations in seminars run at last July’s ICAST show in Orlando by Scott Gudes, former ASA VP Government Affairs, and Marc M. Gorelnik, General Counsel for ASA. Now, working with California-based attorneys, the ASA has negotiated a settlement of potential Prop. 65 claims that could be made based on Californian sales of soft plastic baits containing certain chemicals.

The proposed settlement, which addresses four Prop. 65 listed phthalates in plastic fishing lures, was negotiated by the ASA and Kingpung Cheng, the plaintiff in a previous settlement between a Prop. 65 enforcer and several bait companies that sold fishing lures in Cheng v. Zoom Bait.

The settlement has two purposes. One is to extinguish claims made against products covered by the settlement. The other is to eliminate the need for a Prop. 65 warning for certain covered products.

For more information on the opt-in process and settlement opt-in form click here

The ASA ‘strongly recommends’ that companies label everything. The opt-in settlement is only for soft plastic lures containing BBP, DEHP, DIDP and DINP and does not apply to other products or other phthalates.

The ASA also makes it clear that it is not offering legal advice or recommendations and that companies should consult with their own attorneys and decide whether entering the settlement makes business sense.

Filed In: Lures, Product News, Soft Lures