New Mexico poised to ban PFAS in consumer products
New Mexico is on the verge of becoming a national leader in the fight against toxic “forever chemicals” as state lawmakers have advanced legislation to ban certain perfluoroalkyl and polyfluoroalkyl substances (PFAS) in consumer products. Two key bills, having cleared both the New Mexico House and Senate, now await the signature of Governor Michelle Lujan Grisham, potentially making New Mexico the third state in the U.S. to implement a comprehensive PFAS product ban.
The legislation, spearheaded by House Bill 212 (H.B. 212), targets the intentional addition of PFAS in a wide range of everyday items, including cookware, food packaging, textiles, cosmetics, and firefighting foam. Known as “forever chemicals” due to their persistence in the environment and human body, PFAS have been linked to serious health issues such as cancer, liver damage, and developmental problems. The bills aim to phase out these substances in consumer goods over several years, with initial restrictions beginning as early as 2027 and a broader ban on most PFAS-containing products by 2032.
“This is about protecting our citizens from chemicals that linger in our environment and our bodies for decades,” said Representative Linda Ferrary, a co-sponsor of H.B. 212, in a recent statement. “We have a responsibility to act.” The proposed laws also empower the New Mexico Environment Department (NMED) and the Environmental Improvement Board to set rules, mandate product testing, and ensure compliance, while allowing exemptions for essential items where safer alternatives are not yet available.
New Mexico’s move follows similar efforts in Maine and Minnesota, which enacted PFAS bans in 2021 and 2023, respectively. Unlike many states that have targeted specific product categories, New Mexico’s legislation takes a broader approach, aiming to eliminate intentionally added PFAS across multiple sectors. The state’s Environmental Improvement Board will also collaborate with the New Mexico Department of Agriculture to address PFAS in pesticides and fertilizers, balancing environmental protection with agricultural needs.
Environmental advocates have hailed the bills as a significant step forward, though some express concern over enforcement challenges. “The ban is a great start, but without full chemical disclosure from industries, it’s hard to ensure compliance,” noted Alaina Mencinger, a reporter for The Santa Fe New Mexican. Recent regulations have already banned PFAS in fracking within the state, but advocates argue that trade secret protections still shield some industry practices from scrutiny.
The push for PFAS regulation comes amid growing evidence of contamination in New Mexico. A 2024 study commissioned by the NMED found wildlife near Holloman Lake with PFAS concentrations among the highest ever recorded globally, underscoring the urgency of the issue. “The more we look, the more we find,” said NMED Secretary James Kenney, highlighting budget constraints that limit the state’s ability to fully assess the scope of contamination.
If signed into law, the legislation could reshape industries reliant on PFAS, prompting manufacturers to innovate and adopt safer alternatives. However, some business leaders worry about the economic impact, citing potential challenges in sourcing substitutes and meeting compliance deadlines. Supporters counter that the long-term benefits—cleaner water, healthier communities, and reduced healthcare costs—far outweigh the short-term hurdles.
Governor Grisham, a Democrat with a track record of supporting environmental initiatives, is expected to sign the bills, though her office has not yet confirmed a timeline. As of today, April 07, 2025, a petition circulating online urges her to act swiftly, reflecting strong public support for the measure.
New Mexico’s bold stance on PFAS could set a precedent for other states, amplifying a national movement to curb the use of these persistent chemicals. For now, all eyes are on the governor’s desk as the state stands poised to take a historic step toward a safer, cleaner future.
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