During a recent webinar, the New Mexico Environment Department (NMED) announced plans to propose a rule that will impose an unprecedented labeling requirements on all products containing intentionally added per- and polyfluoroalkyl substances (PFAS), effective January 1, 2027. The only blanket exemption would be for used products; however, certain product manufacturers may be able to request an exemption if they can demonstrate that consumers will not come into direct contact with the PFAS in the product. The proposed rule will also cover other aspects of the state's PFAS in products law, including a 2027 reporting requirement and 2032 restriction applicable to all products containing intentionally added PFAS.
NMED anticipates that the proposed rule will be available to the public on October 8, 2025, followed by public consultations and then rule adoption in July 2026. New Mexico's labeling requirement would be the first of its kind, potentially impacting products across industries that are sold or distributed in the state. All affected stakeholders should therefore consider engaging in this rulemaking as it develops in the coming months.
Statutory Background
As discussed in our previous alert, New Mexico enacted House Bill 212 earlier this year, regulating intentionally added PFAS in all products. Two key provisions in the law include a reporting requirement for all such products (due January 1, 2027) and a restriction on all such products that goes into effect on January 1, 2032. Several categories of products are exempt from the restriction and reporting requirements, including drugs, medical devices, semiconductors, certain HVAC and refrigeration equipment, non-consumer electronics, and products with currently unavoidable uses of PFAS. Two other states – Maine and Minnesota – have laws on the books with similar PFAS reporting and restriction obligations applicable to all products.
However, a novel provision in New Mexico's law gives NMED the authority to "adopt rules to carry out the provisions [of House Bill 212], including requiring the labeling of products in English and Spanish." NMED now appears to be using this sentence as authority to promulgate a detailed and expansive product labeling scheme applicable to all products – even to products that are exempt from the law's material restriction and reporting obligation.
Applicability of Labeling Requirements
While the labeling requirements have not been released in a proposed rule yet, NMED has posted the slides and webinar recording. NMED stated during the webinar that the labeling requirements will apply to all products containing intentionally added PFAS sold, offered for sale, or distributed in New Mexico as of January 1, 2027. The only blanket exemption will be for used products, though manufacturers of products falling into categories exempt from the law's restrictions and reporting requirements can request an exemption from labeling. However, as stated in the slides, the requesting manufacturer "will need to demonstrate that consumers of the product will not come into direct contact with intentionally added PFAS while the product is being used as intended and throughout the useful life of the product."
Labeling Requirements and Proposed Symbols/Language
The webinar slides explain that the label must (1) inform customers that the product contains intentionally added PFAS, using words and symbols provided by NMED; (2) be legible prior to sale and be conspicuous; and (3) be affixed using durable materials. In addition:
- If packaging obscures the label, the packaging must be labeled;
- Packaging must include a website address or QR code to a NMED website on PFAS use in products;
- For online sales, the label and disclosure must be included on sales literature webpages, product specification sheets, and marketing materials, as applicable; and
- The label text must be in English and Spanish.
Different labeling obligations would apply to "complex durable goods," which is a term defined in the webinar slides. NMED appears to envision that complex durable goods will not require labeling on the product itself, but instead, manufacturers of complex durable goods would need to provide certain PFAS disclosure information on the product specification sheet or other product labeling information available prior to purchase. Manufacturers of complex durable goods would also need to provide certain PFAS disclosure information in the good's operation and maintenance manual.
Next Steps for the Rulemaking
While the proposed rule has not been made public yet, the public comment form for the rulemaking is live, and the webinar slides mention that stakeholders can request a meeting with NMED to discuss the rulemaking. Furthermore, NMED plans to submit the proposed rule to the New Mexico Environmental Improvement Board (EIB) by October 8, 2025. At that time, the proposed rule will be publicly available, followed by a virtual public meeting on the proposed rule scheduled for October 22, 2025. NMED expect EIB to review the proposal at a meeting on October 24, 2025, and afterwards the proposed rule will be subject to a 60-day public notice and comment period. A hearing on the proposed rule may subsequently be held in February or March 2026, followed by anticipated rule adoption in July 2026.
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