New Mexico PFAS Labeling Mandate Faces First Amendment Challenge in Federal Court
A collection of trade associations has sued in federal court to block New Mexico’s PFAS labeling requirement for consumer products, arguing that the regulation violates the First Amendment and the dormant Commerce Clause. The plaintiffs—including the American Chemistry Council, Alliance for Automotive Innovation, American Coatings Association, National Association of Manufacturers, and several other industry groups—filed […]
New Mexico PFAS Labeling Rule Faces Appeal Over Free Speech, Agency Authority
A docketing statement has been filed in a state-court challenge to New Mexico’s near-universal PFAS labeling requirements, finalized by the New Mexico Environmental Improvement Board (EIB) in April as part of a broader rule implementing the state’s PFAS Protection Act (HB 212). The docketing statement, filed June 22, 2026, identifies four issues on appeal: First […]
New Mexico PFAS in Products Rule Appealed
A legal challenge has been filed in state court against New Mexico’s PFAS in products rule, which was finalized last month. As noted in a recent Chemical Watch article, concerns include product labeling issues and timelines that emerged during the rulemaking process. The final rule’s labeling requirements apply to all products containing intentionally added PFAS […]
New Mexico Adopts Nation’s Most Far-Reaching PFAS Labeling Rules
Update (April 23, 2026) The final rule, as submitted to New Mexico State Records Center and Archives, is available here. The final order and statement of reasons, dated April 17, can be found here. The rule is slated for publication in the May 5, 2026, volume of the New Mexico Register. * * * New […]
New Mexico Lawmaker Calls for Review of PFAS Exemptions
Update – February 26, 2026 HJM 3 passed the New Mexico Legislature on February 18, 2026. Two days prior, NMED released a third version of the proposed rule. This rebuttal proposed rule revises the required label content to only require the term “PFAS” within an Erlenmeyer flask and removes the requirement that manufacturers link to […]
New Mexico to Hold Hearing on PFAS in Products Rulemaking
Beginning February 23, 2026, at 9am MT, the New Mexico Environmental Improvement Board (EIB) will hold a hybrid public hearing to consider the adoption of a proposed rule to implement the state’s PFAS in products law. EIB is currently accepting public comments in advance of the hearing. A previous post addressed the proposal’s novel PFAS […]
New Mexico Proposes First-Of-Its-Kind PFAS Labeling Requirements
On October 8, 2025, the New Mexico Environment Department (NMED) proposed rules to implement the state’s PFAS Protection Act (HB 212). In addition to phased-in prohibitions and reporting requirements, the proposal includes novel labeling requirements for all products containing intentionally added PFAS, with a compliance deadline of January 1, 2027. HB 212 broadly defines PFAS […]
New Mexico to Hold Webinar on PFAS Labeling on September 25
On September 25, 2025, the New Mexico Environment Department (NMED) will hold an informational webinar on product labelling requirements for PFAS at 1pm MT (3pm ET). To register, email NMED-PFAS@env.nm.gov. Under HB212, enacted in April 2025, NMED is authorized to adopt rules requiring that manufacturers label products containing PFAS. Earlier this month, New Mexico’s Environmental […]