New Mexico Set to Implement Comprehensive PFAS Ban

On April 8, 2025, the Governor of New Mexico signed into law the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act (House Bill 212), introducing a phased ban on the sale and distribution of consumer products containing intentionally added PFAS chemicals, including cosmetics. The ban will be rolled out in stages, with the restriction on cosmetics taking effect on January 1, 2028, and a full ban scheduled for 2032.

Violations of the Act could result in civil penalties. Stakeholders are advised to closely monitor the implementation timeline and adapt their production and supply chain strategies accordingly to ensure compliance.

Key Highlights of the Act

1. Phased PFAS Prohibitions

The Act prohibits the sale and distribution of consumer products containing intentionally added PFAS in three phases:

• From January 1, 2027: The ban applies to cookware, food packaging, dental floss, juvenile products, and firefighting foam.

• From January 1, 2028: The ban expands to cover carpets or rugs, cleaning products, cosmetics (excluding soaps), fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax, and upholstered furniture.

• From January 1, 2032: A comprehensive ban will be implemented, prohibiting all products with intentionally added PFAS, unless deemed a “currently unavoidable use” by the state's Environmental Improvement Board.

2. Reporting requirements

By January 1, 2027, manufacturers of products containing intentionally added PFAS must disclose the following information to the New Mexico Environment Department:

• A brief product description, including a universal product code, SKU, or other identifier;

• Purpose of PFAS use in the product;

• PFAS amount in the product, identified by its CAS registry number, reported as an exact quantity determined using commercially available analytical methods or within a department-approved range;

• Manufacturer's name, address, and contact person's details;

• Any additional information requested by the department.

Products failing to meet these reporting requirements by January 1, 2028, will be prohibited from sale in the state.

3. Exemptions

The Act exempts certain products from its PFAS ban and reporting requirements, including:

1. Products regulated by federal law that preempts state authority;

2. Used products offered for sale or resale;

3. Medical devices or drugs and their packaging regulated by the U.S. food and drug administration (FDA);

4. Cooling, heating, ventilation, air conditioning, or refrigeration equipment containing intentionally added PFAS or acceptable refrigerants per EPA rules under the Significant New Alternatives Policy, and sold for their listed uses.

5. Veterinary products and their packaging for use on animals, including diagnostic equipment, test kits, components, and any veterinary medical devices or drugs regulated by the FDA, USDA, or EPA, except those approved for aerial and land application by the EPA.

6. Products developed for public health or environmental or water quality testing;

7. Motor vehicles or motor vehicle equipments regulated under federal safety standards, excluding any textile articles or refrigerants that are components of these products.

8. Any other motor vehicles, including off-highway vehicles, specialty vehicles like all-terrain vehicles, side-by-sides, farm equipment, or personal assistive mobility devices.

9. Watercrafts, aircrafts, lighter-than-air aircrafts or seaplanes;

10. Semiconductors and related manufacturing materials;

11. Non-consumer electronics and laboratory equipment;

12. Products with intentionally added PFAS that are allowed under EPA rules for the Significant New Alternatives Policy, provided they are substitutes for ozone-depleting substances per the specified conditions;

13. Products used for electricity generation, distribution, or storage;

14. Equipment used to manufacture the above-exempt products;

15. Products deemed “currently unavoidable uses” by the Environmental Improvement Board;

16. Products that contain fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that is a solid at standard temperature and pressure.

Implications

With the passage of this legislation, New Mexico becomes the twelfth U.S. state to restrict PFAS in cosmetics and the third to enact sweeping PFAS ban, following Maine and Minnesota. Similar to these two states, New Mexico adopts a phased ban, along with product disclosure requirements. However, it distinguishes itself by explicitly exempting fluoropolymers, allowing their continued use in industrial applications—a provision not found in Maine or Minnesota laws.

Moreover, unlike Minnesota, which applies reporting requirements to all products, New Mexico limits disclosure obligations to non-exempt products only.

ChemLinked will continue to monitor PFAS-related developments across the U.S. and provide timely updates to help industries stay compliant. For further assistance with PFAS compliance, feel free to contact us directly.