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ACC, et al. v. New Mexico Environmental Dep't., et al.   (District of New Mexico)

Challenging New Mexico PFAS Labeling Mandate

On July 1, 2026, the NAM and other industry leaders sued the state of New Mexico to block its unconstitutional labeling mandate for all products made with PFAS from coming into effect. In May 2026, the New Mexico Environmental Improvement Board finalized 20.13.2 NMAC, which implements the state’s 2025 Per- and Poly-Fluoroalkyl Substances Protection Act with sweeping compliance obligations. Our lawsuit targets the regulation’s labeling requirement, which states that by January 1, 2027, manufacturers must label any product containing any amount of PFAS with an outline of an Erlenmeyer flask with the word “PFAS.” The label must be featured on the product itself, and in some cases, on the packaging too. There is no de minimis exception. Joining forces with eight other industry groups, we filed both a complaint and a motion for a preliminary injunction. Our PI motion is supported by declarations from companies across industrial sectors—including electrical lighting, consumer goods and power tools—describing the significant logistical and financial difficulties they face in complying with the regulation. We also submitted three expert declarations discussing the wide variety of PFAS, their necessity to many vital products, the lack of scientific support for treating the risk profiles of each PFAS the same and the impact that New Mexico’s required label would have on ordinary consumers.


Related Documents:
Complaint  (July 1, 2026)
Motion for Preliminary Injunction  (July 1, 2026)