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 Protection Act, which means industrial products are not subject to reporting requirements or labeling requirements.” The PFAS Protection Act defines “consumer product” as “a tangible personal property that is distributed in commerce and normally used for personal, family or household use, including product categories that are normally used in households but designed for or sold to businesses, such as commercial carpet or floor waxes.” NMED recently posted guidance documents and responses to frequently asked questions for manufacturers. More information on these materials is available in our July 17, 2026, memorandum.
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