March 01, 2015

Chemical Labeling and Disclosures: Can the Government Put Words in Your Mouth?

Eric P. Gotting and Martha E. Marrapese

Consumer right-to-know campaigns, Green Chemistry, social compliance programs, and reform of the Toxic Substances Control Act (TSCA) are among a number of initiatives aimed at significantly expanding the availability of information related to chemicals in the marketplace. While the government’s authority to require labeling and other disclosures is often not in doubt, there is a risk of overreaching and implicating the First Amendment. Specifically, there is a concern that the government will go beyond requiring factual information and force private industry to adopt a message or opinion of the government or a third party.

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