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Bill would bar public‑nuisance claims against lawful products and codify recent court precedent
Summary
Sponsors of House Bill 126 told the Judiciary Committee the measure would bar public‑nuisance lawsuits that seek to regulate lawful products and would codify the Ohio Supreme Court’s recent guidance that product liability and malpractice procedures, not nuisance law, govern many mass‑tort claims.
Representatives Matthews and Craig presented sponsor testimony for House Bill 126, which would prohibit public‑nuisance claims that allege lawful product design, manufacture, marketing, distribution or sale unreasonably interferes with a public right. Sponsors said the bill codifies existing law and court precedent and is intended to prevent the use of nuisance claims to pursue policy changes better suited to statutes or regulatory processes.
Matthews said public nuisance historically addressed obstacles to public rights (for example, removing a barrier from a public road) but has expanded in recent decades to target lawful industries. Craig highlighted the U.S. Supreme Court case American Electric Power Co. v. Connecticut as an example of attempts to use nuisance litigation for broad policy objectives and cited a recent Ohio Supreme Court decision in Trumbull County v. Purdue Pharma as aligning with the bill’s goals by directing plaintiffs to product‑liability procedures rather than nuisance litigation.
Committee members asked whether the bill would leave adequate remedies for plaintiffs who allege deceptive or dangerous conduct. Matthews and Craig said product‑liability and malpractice statutes already provide remedies for manufacturing defects, design defects, and failures to warn, and they said the bill is intended to provide clarity so plaintiffs use the appropriate statutory vehicle.
No action or votes were taken during the hearing; sponsors said they will continue outreach to stakeholders and the judicial conference about the drafting.
