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ARTICLE · 28 FEBRUARY 2025

New Mexico, New PFAS Approach

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On January 29, 2025, New Mexico threw its hat more fully into the per- and polyfluoroalkyl substances (PFAS) legislation ring with the introduction of a bill that adopts a broad "phase-out" ban to PFAS-containing products.

United StatesEnergy and Natural Resources
David H. Quigley
David H. Quigley
Samantha Z. Purdy
Samantha Z. Purdy
Shivani Swami
Shivani Swami
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On January 29, 2025, New Mexico threw its hat more fully into the per- and polyfluoroalkyl substances (PFAS) legislation ring with the introduction of a bill that adopts a broad "phase-out" ban to PFAS-containing products. HB 212, now before the House Judiciary Committee, would require manufacturers to remove PFAS from their products over time or cease the sale thereof. A ban on cookware, food packaging, dental floss and juvenile products containing intentionally added PFAS would kick in on January 1, 2027, while a ban on carpets and rugs, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, textile furnishings, ski wax and upholstered furniture will start January 1, 2028. The bill would prohibit the sale of all remaining consumer products containing intentionally added PFAS beginning January 1, 2029, unless the use of PFAS constituted a "currently unavoidable use," a concept we have seen employed elsewhere. What we have not seen

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