Lynn L. Bergeson, “New Mexico Clarifies PFAS Labeling Rule: Industrial Products Are Off the Hook,” Chemical Processing, August 24, 2026.

By this date, you are aware of the fast-approaching requirements that apply under the New Mexico Environment Department (NMED) final rule issued on May 5, 2026, regarding per- and polyfluoroalkyl substances (PFAS) in consumer products. (See Bergeson & Campbell, P.C.’s May 4, 2026, memorandum on the final rule.) The most controversial and burdensome part of the rule concerns labeling products containing intentionally added PFAS manufactured after Jan. 1, 2027. NMED recently clarified that “[i]t is NMED’s position that the scope is limited to consumer products as that term is defined in the PFAS Protection Act, which means industrial products are not subject to reporting requirements or labeling requirements.” I will explain why this is welcome news and why clarification was needed.