New Mexico has enacted a first-of-its-kind PFAS labeling requirement. On March 23, 2026, the state Environmental Improvement Board (EIB) voted to finalize labeling requirements that apply to products sold or distributed in the state that contain intentionally-added PFAS. The labeling requirements will go into effect January 1, 2027. 

The required label will consist of an Erlenmeyer flask containing the word “PFAS”. For products other than complex durable goods, this label will be required to appear on the product and in some cases the packaging as well. For complex durable goods – defined to include products with a useful life of at least five years and composed of at least 100 components – the label need not appear on the product but must be included in a consumer-facing product specification sheet and operation and maintenance manual. Only a few product categories – including drugs, medical devices, veterinary products, and pesticides – will be exempt from the labeling requirement. Although other states have enacted PFAS labeling obligations, those apply to only a few discrete product categories.

EIB is still making formatting and other non-substantive changes to the text of the rule, which should be released to the public within a few weeks. It is likely the final text will be very similar to the language proposed by the New Mexico Environment Department earlier this month.

Beveridge & Diamond’s Chemicals Regulation practice group and Chemicals industry group provide strategic, business-focused advice to the global chemicals industry. We have a subscription service that tracks PFAS developments nationwide. We work with large and small chemical and products companies whose products and activities are subject to EPA’s broad chemical regulatory authority under TSCA and state chemical restrictions. Our Consumer Products and Product Stewardship, Global Supply Chains practices work with U.S. and multinational companies that make, distribute, transport, or sell consumer products in a hyper-competitive and evolving consumer goods market. We help identify, understand, and comply with complex regulatory requirements throughout the product lifecycle. For more information, please contact the authors.