On April 8, 2025, New Mexico became the third US state to adopt a comprehensive ban on products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The “PFAS Protection Act” will phase out PFAS in consumer and commercial products over several years, beginning in 2027.
The law bans PFAS in cookware, food packaging, dental floss, juvenile products, and firefighting foam by Jan. 1, 2027. By 2028, the restrictions will extend to textiles, cosmetics, cleaning products and furniture. A full statewide ban on all products with added PFAS takes effect Jan. 1, 2032, unless such use is deemed a “currently unavoidable use” by the state’s Environmental Improvement Board (EIB).
Manufacturers will be required to report PFAS use starting in 2027, providing product descriptions, chemical data, and manufacturer information to the New Mexico Environment Department (NMED). Noncompliance could result in daily fines of up to $15,000 or $25,000 for court order violations.
A notable distinction of New Mexico’s law is its first-of-its-kind exemption for fluoropolymers – compounds often used in medical devices and electronics. Industry advocates argue these substances are less toxic than other PFAS variants. “This exemption reflects a more nuanced understanding of PFAS uses,” experts noted, acknowledging the importance of such materials in essential technologies. Additional exemptions include pre-owned goods, FDA-regulated drugs and devices, motor vehicles, semiconductors and products regulated under federal law.
With California, Illinois, Iowa and Maryland considering similar legislation, New Mexico’s approach could influence national trends in PFAS regulation. The New Mexico Environment Department (NMED) will soon begin rulemaking to implement the law, and manufacturers are advised to track developments closely.
As the US confronts growing concerns over PFAS exposure and environmental contamination, New Mexico’s PFAS Protection Act marks a major legislative milestone in the broader push for chemical safety and sustainable product standards.
