NAM Joins Industry Leaders in Challenging Unconstitutional New Mexico Labeling Mandate
Washington, D.C.– Last night, the NAM joined industry leaders in filing a lawsuit to block New Mexico’s unconstitutional labeling mandate for products made with per- and polyfluoroalkyl substances, otherwise known as PFAS.
“New Mexico’s PFAS product-labeling mandate compels manufacturers to spread the state’s unsupported message that any amount of any PFAS is dangerous, while unlawfully expanding state regulatory power to dictate manufacturing operations across the country,” said NAM Chief Legal Officer & Corporate Secretary Linda Kelly. “This novel labeling mandate is blatantly unconstitutional twice over, compelling manufacturers to speak in violation of the First Amendment and regulating conduct outside New Mexico’s borders in violation of the dormant Commerce Clause. Enforcement of this mandate should be permanently enjoined.
“PFAS are an incredibly diverse group of chemicals ubiquitous in modern life—found in textiles, home appliances, electronics, packaging and more. Redesigning products, packaging and manufacturing lines to accommodate New Mexico’s sweeping labeling requirement will impose tremendous, unnecessary new costs on manufacturers and consumers while making it increasingly difficult for manufacturers to produce and sell products nationwide under a growing patchwork of conflicting state requirements.”
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 $2.96 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.
