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On October 8, 2026, the New Mexico Environment Department (NMED) held an in-person meeting to continue its stakeholder engagement as it prepares its report to the legislature under House Joint Memorial (HJM) 3. HJM 3 requests the development of two reports. The first, prepared by the New Mexico Environmental Improvement Board (NMEIB), will be on the implementation of the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act, “including the efficacy of the rules promulgated by the...

As reported in our July 8, 2026, memorandum, on July 1, 2026, a coalition of industry associations filed suit in the U.S. District Court for the District of New Mexico, challenging New Mexico’s May 5, 2026, final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. American Chemistry Council (ACC) v. Kenney (Case No. 1:26-cv-02130). The coalition argues that the final rule is unconstitutional and that its enforcement should be permanently enjoined. On September 16, 2026,...

The New Mexico Environment Department (NMED) held a webinar on August 18, 2026, to explain how the public can participate in the state’s review of the Per- and Polyfluoroalkyl Substances (PFAS) Protection Act. As reported in our February 23, 2026, blog item, on February 18, 2026, the New Mexico legislature passed House Joint Memorial (HJM) 3, requesting the development of two reports. The first, prepared by the New Mexico Environmental Improvement Board (NMEIB), will be on the implementation...

This week, I had the pleasure of speaking with my colleague, Carla N. Hutton, Senior Regulatory Analyst for B&C, to discuss recent developments in state PFAS regulation. Carla and I visited a few months ago, but there have been so many recent developments, we thought we needed to visit again to ensure our listeners are well informed. We discuss what is new with PFAS reporting and labeling under the New Mexico PFAS Protection Act. New guidance is welcome, as there has been a lack of...

On August 7, 2026, the New Mexico Environment Department (NMED) announced that it will host a public webinar on August 18, 2026, “to explain how the public can participate in the state’s review of the PFAS Protection Act, which regulates per- and polyfluoroalkyl substances (PFAS) in consumer products.” As reported in our February 23, 2026, blog item, on February 18, 2026, the New Mexico legislature passed House Joint Memorial (HJM) 3, requesting that the New Mexico Environmental...

As we reported in our May 4, 2026, memorandum , on May 5, 2026, the New Mexico Environment Department (NMED) issued a final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. The most controversial and burdensome part of the rule has been a labeling requirement for products manufactured after January 1, 2027. This week, an NMED representative stated that “[i]t is NMED’s position that the scope is limited to consumer products as that term is defined in the PFAS...

The New Mexico Environment Department (NMED) has updated its website to include information on per- and polyfluoroalkyl substances (PFAS) in products for consumers, businesses, and manufacturers. As reported in our May 4, 2026, memorandum, New Mexico recently enacted a final rule that includes prohibitions for certain consumer products containing intentionally added PFAS in 2027 and 2028; reporting on products containing intentionally added PFAS due January 1, 2027; a labeling requirement for...

The New Mexico Environment Department (NMED) published in the May 5, 2026, issue of the New Mexico Register a final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. On May 22, 2026, Diamond Vogel, Inc., a paint manufacturer, filed a Notice of Appeal in the New Mexico Court of Appeals (Diamond Vogel v. New Mexico, Ct. App. No. A-1-CA-43483). Diamond Vogel is challenging the final rule’s labeling and fee provisions. On July 1, 2026, a coalition of industry associations...

As of July 1, 2026, Connecticut prohibits the manufacture, sale, and distribution of certain consumer products that contain intentionally added per- and polyfluoroalkyl substances (PFAS) unless the manufacturer provides prior notification to the Connecticut Department of Energy and Environmental Protection (DEEP) and labels these products. The notification and labeling requirements apply only to apparel; carpets or rugs; cleaning products; cookware; cosmetic products; dental floss; fabric...

On May 14, 2026, comments by Carla N. Hutton, Senior Regulatory Analyst, Bergeson & Campbell, P.C. (B&C®), were featured in Chemical Watch's article regarding New Mexico’s final rule implementing its perfluoroalkyl and polyfluoroalkyl substances (PFAS) restriction law. Carla Hutton, senior regulatory analyst at Bergeson & Campbell, noted that HB 212 explicitly allows the NMED to accept ‘substantially equivalent’ information on PFAS in...