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Face Mask Facts: Legal Considerations for the Sale of Masks

*Article originally published by New York State Bar Association, Corporate Counsel Section
As we navigate life in the era of the global pandemic and the ever-changing risk assessments for contracting the novel coronavirus, one thing is becoming clear: face masks are here to stay for the foreseeable future.

While shortages of clinical-grade personal protective equipment persist, and medical masks remain reserved for health care workers on the front lines battling COVID-19, most governments have recommended that all civilians wear face coverings in an effort to lessen community transmission.

Today, many of the masks currently in use are still of the most basic forms: bandanas and other homemade masks, or simple disposable surgical masks. However, as we come to embrace the “new normal,” masks are becoming fashion accessories, sports team or collegiate “merch,” or, of late, used to make important political statements. But whatever the preference, they will soon be an important part of everyone’s daily wardrobe.

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