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  • 2020-08-04 (xsd:date)
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  • Does 'ABA' Letter Prove Anyone Making COVID-19 Masks Can Be Sued? (en)
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  • As Ohio Gov. Mike DeWine announced a statewide mask mandate starting July 23, 2020, amidst a rise in COVID-19 cases in the region, online rumors suggested any mask manufacturers, including those selling masks from home, were at risk of facing lawsuits. Snopes readers alerted us to the circulation of the above-displayed letter purportedly from the Ohio State Bar Association (OSBA), printed on an American Bar Association (ABA) letterhead. Dated July 19, 2020, the letter claimed that under Ohio Consumer Laws individuals could bring a lawsuit against establishments selling or manufacturing masks without licenses or warning labels, including those selling out of their homes, especially if wearers got lung damage. The letter, full of grammatical errors and deprived of punctuation, stated: We learned that the letter attribution was fake and its contents were suspect. In a statement on their Facebook page, the OSBA said they did not issue a letter and readers should be wary of its contents: We reached out to the OSBA who would not comment on the contents of the letter because as an organization they refrain from giving legal advice. Snopes also reached out to the Ohio attorney general’s office about the information in the letter. A representative confirmed that under Ohio law consumers can bring lawsuits against suppliers for unfair and deceptive practices, but much of what constitutes a violation relies on court interpretation. According to the Ohio Revised Code, such deceptive practices include: It is likely that this applies to any mask manufacturers that make deceptive promises about the quality of their product(s) and the level of protection the product(s) provide. DeWine and the Centers for Disease Control and Prevention (CDC) recommended the use of homemade and non-medical grade masks in addition to practicing social distancing. The CDC stated that surgical masks or respirators are critical supplies that should continue to be reserved for healthcare workers. The Ohio state and federal governments have shared recommendations for do-it-yourself (DIY) or homemade masks without any requirement for a license or warning labels. Consumer protection laws may apply to people selling these homemade masks without affixed labels, but the actual legal implications remain unclear given government recommendations. The Federal Drug Administration (FDA) regulates masks used for medical purposes only. In April 2020, when health care providers in the U.S. reportedly did not have access to enough personal protective equipment, including masks, the FDA issued an Emergency Use Authorization (EUA) for face masks used by the general public and in health care settings during the COVID-19 public health emergency. In short, this EUA required that face masks should be labeled accurately and their use not be misrepresented. Authorized masks were to meet the following requirements: In sum, although the above-displayed letter was fake, it is possible that consumer protection laws that apply to all kinds of manufacturers would also apply to mask manufacturing, even though its interpretation in situations involving homemade masks is unclear. We thus rate this claim as Mostly False. (en)
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