New Mexico Rolls Out Comprehensive PFAS Regulations, Novel Product Labeling Requirements

Passed into law in April 2025, New Mexico’s PFAS Protection Act established a phased, broad ban on products containing “intentionally added” PFAS, coupled with reporting obligations. Rulemaking authority was delegated to the New Mexico Environment Department (NMED) and Environmental Improvement Board (EIB). Key features of the statute include:

• Phased-Product Prohibitions

- January 1, 2027: Initial ban on some products, including cookware, dental floss, food packaging, firefighting foam and juvenile products

- January 1, 2028: Expansion to additional categories of products, including carpets, cleaning products, cosmetics, upholstered furniture and textiles

- January 1, 2032: Near-total prohibition on products containing intentionally added PFAS, unless such product is designated a “currently unavoidable use”

• Manufacturer Reporting. On or before January 1, 2027, manufacturers will be required to submit detailed information about PFAS content in products sold in New Mexico, with ongoing annual updates required thereafter. The information required of the manufacturer will include descriptions of the products, identifier numbers, the purpose of the use of PFAS in the product, the amount of each PFAS substance in the product, and the name and address of both the manufacturer and a contact person.
• Scope and Exemptions. The statute includes multiple explicit exemptions (e.g., medical devices, fluoropolymers and certain electronics); however, the statute leaves significant discretion to NMED and EIB to identify additional categories and any “currently unavoidable uses.”

“Product” is defined by the statute as “an item created, produced, assembled, packaged or otherwise prepared for sale to a consumer, including a product component sold or distributed for personal, residential, commercial or industrial use or for use in making a product[.]” The law applies to “manufacturers,” which is defined to include individuals and businesses who produce or assemble a product, businesses with their brand name affixed to the product, and “an importer or first domestic distributor of the product” in the United States. Thus, trading companies may be responsible for complying with the requirements of the law.

On March 23, 2026, the EIB approved NMED’s proposed rule implementing the PFAS Protection Act for publication, following public hearings and multiple revisions of the regulation. As written, the proposed rule stands to clarify compliance requirements and introduces a requirement not before seen in other state PFAS laws—a consumer-facing labeling requirement.

The proposed rule requires products containing intentionally added PFAS to include a universal PFAS label (in the form of an Erlenmeyer flask symbol with the word “PFAS” written in the flask), which must be visible and legible on the product prior to sale. The label must be placed on product packaging, or in applicable manuals and spec sheets, starting on January 1, 2027. The font of the label cannot be any smaller than the largest font used for other consumer information on the product. Notably, the requirement will apply to products manufactured after January 1, 2027, rather than those that were manufactured before but sold after January 1, 2027. Assuming that the final rule is issued in the next two months, manufacturers would have only half a year to redesign their labels. It is also possible that the labeling requirement will extend to some products that are otherwise exempt from the regulations.

Violators of the New Mexico PFAS Protection Act, or any rule implementing it, will be assessed a civil penalty of up to $15,000 for each day of noncompliance and, also for each day of noncompliance, the manufacturer may be assessed administrative costs of enforcement. Failure to comply with an administrative order issued pursuant to the PFAS Protection Act or an implementing regulation will result in a civil penalty of up to $25,000 for each day of noncompliance.

EIB is currently considering changes to the text of the rule, for which the final rule is expected to be released in the coming weeks.