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Committee forwards bill raising liability standard for ethylene oxide exposure claims after divided vote

February 18, 2025 | 2025 Utah Legislature, Utah Legislature, Utah Legislative Branch, Utah


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Committee forwards bill raising liability standard for ethylene oxide exposure claims after divided vote
The Senate Judiciary Committee voted to favorably recommend Senate Bill 266, a bill that raises the standard of proof and adds procedural requirements for civil claims related to ethylene oxide, a sterilization chemical used by medical‑device manufacturers.

Sponsor Senator Mike Cullimore said the bill seeks to protect the state's growing life sciences and medical device industries, and to prevent lawsuits that he and supporters described as speculative. Cullimore said ethylene oxide is widely used for sterilizing heat‑sensitive medical devices and that alternatives are not currently available for many products. He said the bill does not provide blanket immunity but increases the standard for liability to gross negligence or willful misconduct and requires procedural pleading elements to advance claims.

Carmen Valdez of the Healthy Environment Alliance of Utah (HEAL Utah) testified in opposition, saying the chemical is a known carcinogen that has been linked to respiratory, neurological and reproductive effects and arguing the bill could “weaken accountability for industries using ethylene oxide” and harm communities already exposed to industrial pollution. Kelvin Cullimore, CEO of BioUtah, testified in favor, describing the scale of Utah’s medical‑device sector and warning that litigation could disrupt supply chains for sterilized devices.

Sponsor Cullimore said he is open to further work on the bill’s standard — several committee members urged him to consider alternatives to the clear‑and‑convincing standard in the substitute language. After committee debate, Cullimore moved to favorably recommend the bill. The committee recorded the vote by roll call: the bill passed with four senators voting aye and two voting no; Senators Baldry and Brammer voted in the negative.

The committee’s favorable recommendation moves the measure to the Senate floor for further consideration; the sponsor said he will continue to work with stakeholders on evidentiary and pleading language.

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