Regulation of per- and polyfluoroalkyl substances (PFAS) in consumer products continues to accelerate across the United States at the state level. In addition to phase-outs and bans on certain consumer products containing PFAS, state regulators are turning to labeling requirements as a tool to drive transparency and liability.
One notable recent development comes from New Mexico. The New Mexico Environment Department (NMED) formally proposed a rule to require consumer-facing labels on products containing intentionally added PFAS. On March 23, the New Mexico Environmental Improvement Board (NMEIB) officially approved the rule, making New Mexico the first state to require such labels on all products containing PFAS, even if those products are currently exempt from reporting/disclosure obligations to the state. The labeling requirements will go into effect January 1, 2027.
Although the precise label is not yet finalized, the required label is expected to consist of an Erlenmeyer flask image containing the word “PFAS.” For products other than complex durable goods, this label will be required to appear on the product and in some cases the packaging as well. For complex durable goods (defined to include products with a useful life of at least five years and composed of at least 100 components) the label need not appear on the product but must be included in a consumer-facing product specification sheet and operation and maintenance manual.
NMEIB is still making formatting and other non-substantive changes to the text of the rule, which should be released to the public within a few weeks. We expect the final text to be very similar to the language proposed by the NMED.
This New Mexico rule is a unique middle-ground approach compared to other states that have implemented outright bans or phase-outs of products with intentionally added PFAS. These states include:
- California: Several statutes prohibit the sale, manufacture, and distribution of children’s products, cosmetics, textiles, and food packaging containing intentionally added PFAS, with the first ban effective in 2023.
- Maine: Establishes a phased ban on consumer products containing intentionally added PFAS: cleaning products, cookware, cosmetics, dental floss, juvenile products, menstruation products, textiles, ski wax, and upholstered furniture by 2026; artificial turf and certain outdoor apparel by 2029; and most remaining products with intentionally added PFAS unless the use is determined unavoidable by 2032.
- Minnesota: Amara’s Law banned intentionally added PFAS in 11 categories of products by 2025, including carpets and rugs, cleaning products, cookware, cosmetics, dental floss, fabric treatments, juvenile products, menstruation products, textile furnishings, ski wax, and upholstered furniture. The law requires manufacturers to report PFAS-containing products to the state starting in 2026. It also includes a broad prohibition on the sale of all products containing intentionally added PFAS by January 1, 2032, unless such use is deemed unavoidable.
- Vermont: A state statute bans the sale and distribution of consumer products with intentionally added PFAS in stages: rugs and carpets, artificial turfs, juvenile products, incontinence products, ski wax, textiles and apparel by 2026; cleaning products, dental floss, and some fluorine-treated containers by 2027; cookware by 2028; and eventually all fluorine-treated containers by 2032.
- Other states with PFAS-related consumer product laws include Colorado, Illinois, Maryland, New Hampshire, New Jersey, New York, Oregon, Rhode Island, and Washington.
Squire Patton Boggs will continue to keep track of the latest PFAS developments in this area and can assist with any questions regarding consumer product labeling requirements.
