New Mexico Enacts Ban on PFAS in Consumer Products Through New Protection Act

Governor Michelle Lujan Grisham has signed House Bill 212 (HB 212) into law, creating the Per- and Polyfluoroalkyl Substances Protection Act, a sweeping measure to phase out the use of intentionally added PFAS in consumer products sold in New Mexico. The law addresses the long-term environmental and health risks linked to these persistent “forever chemicals.”

Phased Ban on PFAS Products

The Act introduces a multi-stage ban on the sale of products containing intentionally added PFAS, with full implementation stretching to 2032:

Phase 1 – Effective January 1, 2027

• Cookware (food contact)
• Food packaging
• Dental floss
• Juvenile products
• Firefighting foam

Phase 2 – Effective January 1, 2028

• Carpets and rugs
• Cleaning products
• Cosmetics
• Fabric treatments
• Feminine hygiene products
• Textiles and furnishings
• Ski wax
• Upholstered furniture

Phase 3 – Effective January 1, 2032

• All other products with intentionally added PFAS unless exempted as a “currently unavoidable use” by the Environmental Improvement Board (EIB)

Reporting and Testing Requirements

Manufacturers must report to the New Mexico Environment Department (NMED) by January 1, 2027, including:

• Product descriptions
• Purpose and quantity of PFAS used
• Manufacturer contact details
• Any additional data requested by NMED

The law also empowers NMED to require product testing. If PFAS are detected, companies must:

• Submit test results and a certificate of compliance
• Notify distributors and retailers that the product is banned in New Mexico

Enforcement and Legal Provisions

• Civil penalties of up to $15,000 per day per violation
• Includes a private right of action, allowing individuals to sue violators of the Act

Key Exemptions

Certain products are exempt from restrictions and reporting, including:

• Items governed by federal preemption
• Used goods resold by consumers
• Medical devices, pharmaceuticals, and packaging
• Semiconductors, laboratory equipment, and industrial electronics
• Specific HVAC, aircraft, watercraft, and motor vehicles
• Items used in electricity generation or ozone-depletion mitigation
• Fluoropolymers with defined polymeric structures
• Any item granted “currently unavoidable use” status by the EIB

With HB 212, New Mexico becomes one of the few U.S. states to implement a comprehensive PFAS product ban, signaling a major shift in consumer product regulation. Businesses must now prepare for rigorous reporting, testing, and compliance as the 2027 implementation phase approaches.

Reference: House Bill 212