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Law360 (April 3, 2020, 4:42 PM EDT) -- Under fire from the White House, 3M Company sounded the alarm Friday over the Trump administration's request that the company stop exporting medical grade masks to Canada and Latin America.
In a response to President Donald Trump's order invoking a wartime law to acquire 3M's N95 respirators, medical supply firm 3M revealed that the White House had asked it to stop sending masks produced in the U.S. to Canada and Latin America.
The company noted it was working with the White House to boost the number of respirators being imported to the U.S. but cautioned that the administration's request for 3M to cut off exports to the other countries amounted to a humanitarian affront.
"There are, however, significant humanitarian implications of ceasing respirator supplies to health care workers in Canada and Latin America, where we are a critical supplier of respirators," 3M explained.
3M further warned that blocking exports would likely set off similar responses from other governments, which are also grappling with medical supply shortages amid the global COVID-19 health crisis.
"If that were to occur, the net number of respirators being made available to the United States would actually decrease," the company said.
Canadian Prime Minister Justin Trudeau responded to 3M's reports in a morning conference, reminding the U.S. that the flow of goods and services between the two countries goes "both ways."
"It would be a mistake to create blockages or reduce the amount of trade of essential goods and services, including medical goods," he said.
The warnings came one day after Trump signed an order permitting the U.S. Department of Homeland Security to use "any and all" authority under the Defense Production Act to acquire however many 3M N95 respirators the department deems necessary to combat the health emergency in the U.S.
"We hit 3M hard today after seeing what they were doing with their masks," Trump tweeted late Thursday night, "'P Act' all the way."
White House trade adviser Peter Navarro, who is spearheading the administration's Defense Production Act strategy, also railed against 3M in a press conference on Thursday.
"To be frank, over the last several days, we've had some issues making sure that all of the production that 3M does around the world, enough of it is coming back here to the right places," Navarro said.
Trump signed the order against 3M to resolve the distribution issue immediately, Navarro explained.
The Defense Production Act gives the president wide economic authority to boost commercial production, including the power to control the distribution of supplies deemed necessary for national defense.
According to the Congressional Research Service, the executive last wielded the statute's allocation authority during the Cold War.
3M and White House representatives didn't immediately respond to requests for comment.
--Editing by Haylee Pearl.
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