Joint Coalition on Opposting CA Prop 65 Bounty Hunters

December 08, 2022

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The Outdoor Power Equipment Parts & Accessories Association joined a joint coalition letter from the CalChamber of Commerce – to protect businesses of indirect exposures from California Prop 65 liability concerns.

The coalition wrote to oppose the bounty hunter Environmental Health Advocates requests to de-publish the case EHA v. Sream. The bounty hunters are targeting product manufacturers with lawsuits for possible “uses and effects” of manufactured products and the indirect impacts that Prop 65 warnings are seeking to protect. This particular case and the products, that CalChamber references, are outside of our industry scope but the same concept could apply to our industry manufacturers. For instance, a drill would need to be labeled for what it drills or, a wine glass for what is poured into it, or a trimmer must describe all the possible items it could potentially trim. This precedence is far reaching, and it is believed that if the bounty hunters request is granted, then it could greatly open the door for additional Prop 65 litigation and settlements in the future.

The OPPAA Board of Directors and management team will continue to monitor these developments and respond with fellow joint commenters as needed.