MG+M Partner Brian Gross and Associate Mikaela Barbour were recently featured in Chemical Watch News & Insight discussing the federal court's preliminary injunction blocking New Mexico's PFAS product labeling requirement and what the ruling could mean for other state labeling regimes.
The article examines the court's finding that the Erlenmeyer flask label, while factual and uncontroversial, failed to show how it advanced the state's asserted public health and environmental interests. Brian and Mikaela explain that New Mexico's own defense of the label as a neutral disclosure contributed to its loss, and that any attempt to strengthen the warning could raise the same First Amendment concerns the state sought to avoid. They also discuss the potential implications for Connecticut, which is implementing its own PFAS labelling scheme, noting the ruling could provide persuasive precedent if that scheme is ever challenged in court.
Read the full article below.
