New PFAS rule to require companies to label products sold in NM
New Mexico is once again leading the nation in aggressive environmental regulation, this time approving a first-in-the-nation rule that will require warning labels on consumer products containing so-called “forever chemicals,” also known as PFAS.
The New Mexico Environmental Improvement Board voted Monday to approve a rule that will phase out PFAS in certain consumer products and require warning labels on others, according to the Santa Fe New Mexican. Products containing intentionally added PFAS will soon be required to carry a label warning consumers, with the labeling requirement expected to begin as early as January 2027.
The label will include a symbol — a conical flask icon with the acronym “PFAS” — intended to alert consumers that the product contains the chemicals. Environment Secretary James Kenney said the icon is meant to act as a universal warning symbol for shoppers. “That image will serve the universal language of identity and provide whoever is shopping the ability to understand what we’re trying to convey: There’s PFAS in this product,” Kenney said.
PFAS, short for per- and polyfluoroalkyl substances, are used in a wide range of products including waterproof clothing, nonstick cookware, food packaging, carpets, cosmetics, and cleaning products. The chemicals are known as “forever chemicals” because they do not break down easily in the environment and can accumulate in the human body.
Under the new rule, some products containing PFAS — including cookware, food packaging, toys, dental floss, and firefighting foam — will be phased out starting in 2027. Other products such as cosmetics, carpets, and cleaning products will follow in later years, with the state ultimately aiming to eliminate PFAS from most consumer goods by 2032, according to a legal analysis published by the National Law Review.
But the most controversial part of the rule may be the labeling requirement itself. According to the National Law Review, New Mexico has become the first state in the country to require consumer-facing warning labels on all products containing PFAS, even if those products are otherwise exempt from phase-out requirements.
The legal publication warned that the labeling law could have major consequences for businesses and manufacturers. The rule “forces companies to answer the fundamental question of whether a product contains PFAS in less than ten months,” the analysis states, creating a compressed timeline for companies to test and disclose chemical content.
The publication also warned that the labels could expose companies to lawsuits, noting that plaintiff attorneys often use publicly disclosed chemical information to file consumer fraud, personal injury, and environmental lawsuits. There is “no reason to believe that the PFAS warning labels that New Mexico requires would not be monitored and tracked by the same attorneys,” the report states.
In other words, the labeling requirement may not just inform consumers — it could also create a roadmap for litigation.
Businesses throughout the supply chain are now being urged to evaluate their PFAS risk, as lawsuits related to PFAS contamination and product use are already increasing across the country.
Meanwhile, state health officials say there is currently no approved way to remove PFAS from the human body, meaning the only current recommendation is to reduce exposure.
The new rule represents a major regulatory expansion in New Mexico and could have wide-ranging effects on manufacturers, retailers, and consumers alike — from product availability to prices to potential legal battles — as the state moves forward with one of the most aggressive PFAS regulatory frameworks in the country.
New PFAS rule to require companies to label products sold in NM Read More »
