Consumer products and retail
Your regular update on technical and industry developmentsUSA: New Mexico publishes final rule on PFAS in consumer products
July 2026 - Electrical & electronics, hardlines, softlines, toys and children's products
Following the publication of PFAS Protection Act (HB212)1 in New Mexico, the New Mexico Environmental Improvement Board has adopted a Final Rule to implement the state’s PFAS Protection Act. The Final Rule was published in the New Mexico Register2 on 5 May 2026 and has been in effect since 1 July 2026. The rule establishes requirements for consumer products containing intentionally added per- and polyfluoroalkyl substances (PFAS), with a focus on phased product prohibitions, manufacturer reporting and product labelling.
Key Requirements:
1. Prohibition
The rule prohibits the sale, offer for sale, distribution, or distribution for sale in New Mexico of certain consumer products containing intentionally added PFAS. The prohibitions will apply in phases, beginning with selected product categories from 1 January 2027, expanding to additional categories from 1 January 2028, and applying broadly to most non-exempt consumer products from 1 January 2032, unless the PFAS use is approved as a currently unavoidable use.
2. Reporting
Manufacturers of products sold, offered for sale, distributed, or distributed for sale in New Mexico that contain intentionally added PFAS are subject to reporting obligations. The reporting requirement is intended to provide the New Mexico Environment Department with information on PFAS used in consumer products, including product identification and PFAS-related information. Initial reporting is due on 1 January 2027, unless otherwise provided by the rule.
3. Labelling
Products containing intentionally added PFAS and manufactured after 1 January 2027 must bear a clear PFAS label or disclosure before sale. Key labelling requirements include:
- An outline of an Erlenmeyer flask with “PFAS” inside;
- Clear, visible, legible, and securely affixed label. Text shall be no smaller than the largest font used for other consumer information on the product;
- Packaging label required if product label is not visible to consumers;
- The label of complex durable goods can be in consumer-facing product specification sheet and operation and maintenance manual(s). It must be a minimum 10-point font;
- The label should be disclosed for online/catalogue/telephone sales before purchase.
4. Testing and Enforcement
The New Mexico Environment Department may test products where there is reasonable suspicion that PFAS has been intentionally added. A total fluorine level above 100 ppm will be presumed to indicate intentionally added PFAS. Manufacturers wishing to refute the finding must provide relevant test results within 30 days. If PFAS is detected, the manufacturer must submit a full report to the Department and notify affected distributors and retailers.
Table 1. Summary of Requirements
Parameter | Effective date / deadline | Product scope | Requirement |
|---|---|---|---|
Prohibition - Phase 1 | 1 January 2027 | Cookware, food packaging, dental floss, juvenile products, and firefighting foam | Products containing intentionally added PFAS may not be sold, offered for sale, distributed, or distributed for sale in New Mexico. |
Prohibition - Phase 2 | 1 January 2028 | Carpets or rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax, and upholstered furniture | Products containing intentionally added PFAS may not be sold, offered for sale, distributed, or distributed for sale in New Mexico. |
Broad Prohibition - Phase 3 | 1 January 2032 | All non-exempt consumer products containing intentionally added PFAS | Products are prohibited unless exempted or approved as a currently unavoidable use. |
Reporting | On or before 1 January 2027 | Products sold or distributed in New Mexico that contain intentionally added PFAS | Manufacturers must submit the product and PFAS-related information to the New Mexico Environment Department. |
Labelling | 1 January 2027 | Products manufactured on or after 1 January 2027 containing intentionally added PFAS that remain in commerce | Products must be labelled to indicate the presence of PFAS, and the label or equivalent disclosure must be visible to consumers before purchase. |
Publication reference:
[1] TUV SUD E-ssentials, April 2025
USA: New Mexico Enacts New PFAS Product rules
[2] Final rule on New Mexico Register, 5 May 2026
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