NAM, Industry Groups Sue to Block New Mexico PFAS Labeling Mandate
The NAM and other industry groups are seeking to block a New Mexico mandate requiring the inclusion of a pictographic warning label on products containing any amount of PFAS (Bloomberg Law, subscription).
What’s going on: On July 1, the NAM joined eight industry groups in filing suit against the New Mexico Environment Department over its sweeping new PFAS labeling requirement on the grounds that the rule violates the First Amendment and the dormant Commerce Clause.
- “New Mexico’s PFAS product-labeling mandate compels manufacturers to spread the state’s unsupported message that any amount of any PFAS is dangerous, while unlawfully expanding state regulatory power to dictate manufacturing operations across the country,” NAM Chief Legal Officer and Corporate Secretary Linda Kelly said.
- The rule was finalized in May 2026.
Why it’s important: PFAS, compounds used for decades in manufacturing for their unique performance characteristics including chemical resistance, thermal stability, durability, special electrical properties and compatibility with harsh environments, are found in myriad household and industrial products. In some cases, no viable alternatives exist.
- “PFAS are an incredibly diverse group of chemicals ubiquitous in modern life—in textiles, home appliances, electronics, packaging and more,” Kelly continued.
- “Redesigning products, packaging and manufacturing lines to accommodate New Mexico’s sweeping labeling requirement will impose tremendous, unnecessary new costs on manufacturers and consumers while making it increasingly difficult for manufacturers to produce and sell products nationwide under a growing patchwork of conflicting state requirements.”
What’s next: The NAM and its coalition have asked the New Mexico federal court for a preliminary injunction to stop the regulation from going into effect on Jan. 1, 2027.
