Manufacturers Score Legal Win Against Unconstitutional New Mexico Labeling Mandate
Washington, D.C. – Today, a New Mexico federal judge entered a preliminary injunction blocking New Mexico’s sweeping labeling mandate for products made with per- and polyfluoroalkyl substances, otherwise known as PFAS, from taking effect. Judge Margaret Strickland of the District of New Mexico ruled that the National Association of Manufacturers and fellow trade association plaintiffs are likely to succeed on the merits of the claim that the regulation violates the First Amendment’s prohibition against compelled speech.
“Manufacturers welcome the District of New Mexico’s decision blocking this unlawful labeling mandate from taking effect,” said NAM Chief Legal Officer and Corporate Secretary Linda Kelly. “The NAM is committed to securing permanent relief to ensure manufacturers aren’t forced to redesign products, packaging and manufacturing lines to accommodate an unconstitutional labeling requirement that imposes tremendous costs on both businesses and consumers.”
In her opinion, Judge Strickland writes that New Mexico failed to “grapple at all with how the required label is a rational vehicle to achieve the goals of protecting consumer and environmental health. … On the surface, the state proclaims the regulation exists to raise consumer awareness, but underneath intends the label to operate as a warning in disguise.” The opinion goes on to say, “merely promoting consumer awareness” is not a strong enough interest to “warrant First Amendment intrusions.”
The NAM joined the American Chemistry Council, the Alliance for Automotive Innovation, the American Coatings Association, the Association of Home Appliance Manufacturers, the National Electrical Manufacturers Association, the National Federation of Independent Business, the New Mexico Retail Association and the Power Tool Institute in filing the lawsuit.
The complaint and motion for preliminary injunction can be read here and here.
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The National Association of Manufacturers is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $3 trillion to the U.S. economy annually and accounts for nearly 52% of private-sector research and development. The NAM is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the NAM or to follow us on Twitter and Facebook, please visit www.nam.org.
