New Mexico Adopts Nation’s Most Far-Reaching PFAS Labeling Rules

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New Mexico has approved “universal” PFAS labeling requirements beginning in 2027, according to the New Mexico Environment Department (NMED).

The Environmental Improvement Board approved the requirements on March 23, 2026.  Although the final rule is not yet available, the final proposed rule requires the term “PFAS” inside an Erlenmeyer flask on all products containing intentionally added PFAS manufactured on or after January 1, 2027.  “PFAS” is broadly defined by statute to include all substances with at least one fully fluorinated carbon atom.

Only used products, pesticides, veterinary products, and medical devices and drugs are exempt from the labeling requirements.  Although the controlling statute includes additional exemptions from PFAS prohibitions and reporting requirements, the final proposed rule does not extend them to labeling.  Manufacturers may, however, request a labeling waiver if the product falls within one of the statutory exemptions and no PFAS will ever come into direct contact with a consumer.

The New Mexico legislature recently instructed NMED to make recommendations on whether those statutory exemptions should be modified or removed, including an exemption for fluoropolymers.

In addition to the labeling requirements, the adopted regulations will implement the statutory prohibitions and reporting requirements, which also begin in 2027.

Changes Made During Rulemaking

The final proposed rule’s labeling requirements substantially differ from the original proposal.  After commenters raised First Amendment concerns, NMED removed a requirement that manufacturers use labels with claims about the hazards of PFAS and link to a NMED webpage on PFAS.

In response to concerns about the practicability of labeling before January 1, 2027, NMED relaxed the deadline, allowing continued sale of unlabeled products manufactured prior to that date.  And, after commenters argued that certain products labels are preempted by federal law, NMED added the exemptions for pesticides, veterinary products, and medical devices.

Nevertheless, New Mexico’s PFAS labeling requirements are now the most far-reaching in the country.  Other states, like Connecticut, have adopted labeling requirements, but they only apply to a discrete selection of products.