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New Prop 65 Violation Notice Affecting Zoom Bait Fishing Gear

Bradley/Grombacher LLP • Feb 12, 2018

A new Prop 65 violation notice has been submitted affecting the product known as Zoom Bait. The 60-day notice has been sent to manufacturers and retailers that have allegedly been putting this product on shelves without telling consumers about the potential risks.


Prop 65 Violation Notice Affects Bait Products


A citizen of California came forward to initiate the Prop 65 violation notice. The chemical in question is diisononyl phthalate. This is also referred to as DINP. The routes of exposure that prompted the consumer to file this Prop 65 violation notice include ingestion and dermal absorption.

The bait products named in the Prop 65 notice may be used by consumers who are fishing. Their direct contact with the products or possible ingestion of the materials could lead to the development of cancer over time.


This chemical is listed on California’s statewide list of chemicals that are known to cause cancer. Any toxic chemical that is included on the Prop 65 notice list must be mentioned in a warning on the product’s label itself to give consumers a choice about the products that they use. Occupational, as well as consumer exposures, are listed in this Prop 65 violation notice.


It is unknown as of yet whether or not anyone who has used these products has developed cancer as a result of exposure, but the Prop 65 violation notice procedure may help to make consumers aware of the risks and to encourage compliance by the manufacturers.


Products Affected Date Back to 2015


According to the Prop 65 violation notice affecting DINP, the sale of these products in California dates back to at least the beginning of July 2015 and continued at least through June 7, 2017. The Prop 65 violation notices that California citizens, as well as children, through acquiring, buying, or utilizing these products are exposed to the listed chemicals which can increase their risk of cancer.


The products in question include a smoking shad sold at Dick’s Sporting Goods, Walmart.com and Walmart stores, the other bait products sold in Disco Green and Green Orange, and fishing lures including the bait company Super Fluke Disco Green and bait company, Super Salt Plus; the Zoom Bait Company, Swim and Super Fluke Junior, Smoking Shad, and the Zoom Bait Company Super Salt Plus Six-Inch Lizard Black Chart.


Companies are responsible for notifying consumers about products that may contain dangerous chemicals known to the State of California to cause reproductive harm or cancer. Individual consumers or agencies may come forward when they identify a possible violation of California law.

Initiating a Prop 65 violation notice gives the company a chance to correct this issue. If the company fails to respond in an appropriate manner, the consumer may move forward with other legal action.


Every year, more chemicals known to cause cancer or reproductive toxicity are added to Prop 65, giving consumers a chance to be more aware of the risks within products.



If you or someone you know believes that you may have grounds to initiate a Prop 65 violation notice, you need to schedule a consultation with the experienced lawyers for consumer class action lawsuits at Bradley/Grombacher today. Fill out the form on this page to learn more.


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