DO NOT COMPLY

NOTICE FOR EMPLOYERS, UNIVERSITIES AND OTHER INSTITUTIONS

MANDATING COVID-19 MASKS

April 26, 2021

This serves as notice that the mandate for any individual to wear a mask against COVID-19 for

employment or attendance at a university or other institution violates federal law. All COVID-19 masks,

whether surgical, N95 or other respirators, are authorized, not approved or licensed, by the federal

government; they are Emergency Use Authorization (EUA) only. They merely “may be effective.”

Federal law states:

Title 21 U.S.C. § 360bbb-3(e)(1)(A)(ii)(I-III) of the Federal Food, Drug, and Cosmetic Act (FD&C Act)

states:

individuals to whom the product is administered are informed—

(I) that the Secretary has authorized the emergency use of the product;

(II) of the significant known and potential benefits and risks of such use, and of the extent to

which such benefits and risks are unknown; and

(III) of the option to accept or refuse administration of the product, of the consequences, if any, of

refusing administration of the product, and of the alternatives to the product that are available and

of their benefits and risks.

EUA products are by definition experimental and thus require the right to refuse. Under the Nuremberg

Code, the foundation of ethical medicine, no one may be coerced to participate in a medical experiment.

Consent of the individual is “absolutely essential.” A federal court held that even the U.S. military could

not mandate EUA vaccines to soldiers. Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (2003).

In a letter dated April 24, 2020, the Food and Drug Administration stated that authorized face masks must

be labelled accurately and may not be labeled in a way that misrepresents the product’s intended use as

“source control to help prevent the spread of SARS-CoV-2.” The letter specifies that the labeling “may

not state or imply that the product is intended for antimicrobial or antiviral protection or related uses or is

for use such as infection prevention or reduction.” Any EUA mandate requiring individuals to wear face

masks conflicts with Section 360bbb-3(e)(1)(A)(ii)(I-III), which provides that the person must be

informed of the option to refuse to wear the device.

Liability for forced participation in a medical experiment, including possible injury, may be incalculable.

Children’s Health Defense urges U.S. employers, universities and other institutions to respect and uphold

the rights of individuals to refuse to wear EUA masks.