Ohio House Passes Legislation Clarifying Ohio's Public Nuisance Law

The Ohio House of Representatives passed House Bill 126, legislation preventing public nuisance lawsuits from being used to unfairly target lawful industries, businesses, and products. The legislation was spearheaded by State Representatives Adam Mathews (R-Lebanon) and Meredith Craig (R-Smithville). 

Public nuisance laws were originally intended to address tangible interferences with public rights—such as an obstacle in a public roadway. However, in recent years, there has been an aggressive expansion of these actions to target lawful industries including firearm and internal combustion engine manufacturers. House Bill 126 states that no person or government may bring a public nuisance claim alleging that the design, manufacture, supply, marketing, distribution, promotion, advertising, labeling, or sale of a product unreasonably interferes with a right common to the general public because the law is already clear that product liability gives proper the redress.

“Public nuisance actions were not intended to restrict lawful activities, especially when alternate avenues exist to pursue alleged malfeasance including product liability or malpractice lawsuits,” said Mathews. “House Bill 126 affirms court precedent, prevents misuse of our legal system, and ensures Ohio remains a great place to build our economy.”   

“House Bill 126 is a common sense, pro-business measure,” said Craig. “Not only will it safeguard Ohio’s legal system, but it will also reaffirm the proper limits of public nuisance claims.”

House Bill 126 codifies the recent Ohio Supreme Court ruling in Trumbull County v. Purdue Pharma, which clarified that counties cannot bring public nuisance claims against pharmaceutical chains, emphasizing that the Ohio Product Liability Act provides the appropriate legal path. 

House Bill 126 now heads to the Senate for further consideration.