On January 29, 2025, New Mexico threw its hat more fully into the per- and polyfluoroalkyl substances (PFAS) legislation ring with the introduction of a bill that adopts a broad "phase-out" ban to PFAS-containing products. HB 212, now before the House Judiciary Committee, would require manufacturers to remove PFAS from their products over time or cease the sale thereof. A ban on cookware, food packaging, dental floss and juvenile products containing intentionally added PFAS would kick in on January 1, 2027, while a ban on carpets and rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax and upholstered furniture will start January 1, 2028. The bill would prohibit the sale of all remaining consumer products containing intentionally added PFAS beginning January 1, 2029, unless the use of PFAS constituted a "currently unavoidable use," a concept we have seen employed elsewhere. What we have not seen employed elsewhere is the New Mexico bill's "PFAS Stewardship Program," which (once established) would allow a manufacturer to sell otherwise-banned, PFAS-containing consumer products so long as they participate in a statewide program to collect and dispose of those products. We will have to watch how that program develops if the bill passes, and whether other states copy the approach.
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