Third State Moves to Ban Forever Chemicals in Products

New Mexico moved to ban further consumer products that contain per- and polyfluoroalkyl substances (PFAS), otherwise known as “forever chemicals,” this September, following the passage of House Bill 212 earlier this year.

H.B. 212 will institute the gradual phasing out of intentionally added PFAS in everyday items. Lawmakers also passed a second bill, House Bill 140, to allow the New Mexico Environment Department to regulate and manage cleanup for firefighting foams containing PFAS on military bases, which have caused contamination in groundwater statewide.

The state will also require manufacturers to label products containing PFAS, establish a process for companies to receive an exemption if needed, and develop fines for companies violating the ban.

New Mexico is the third state to push legislation around the use of PFAS in consumer products, joining Maine and Minnesota. This class of manmade chemicals is often used in waterproofing and can withstand breaking down in water, oil, and sunlight. As a result, PFAS can be found across a range of products, including cleaning supplies, menstrual products, textiles, and upholstered furniture.

But exposure through contaminated water and soil, as well as through plants and animals, causes PFAS to build up in the human body. While still being studied, PFAS exposure is linked to increased cancer risks, fertility issues, low birth weights or fetal development issues, hormonal imbalances, and limiting vaccine effectiveness.

Once approved, New Mexico’s PFAS ban would roll out in phases, starting with cookware, food packaging, firefighting foams, dental floss, and juvenile products by January 2027. Additional items would follow, such as cosmetics, period hygiene products, textiles, carpeting, furniture, and ski wax. Exceptions to the ban include medical devices, pharmaceuticals, electronics, and cars.

Meanwhile, The Hill reported provisions in the U.S. House of Representatives and Senate annual Defense authorization bills reduce restrictions on the PFAS. In the House, one such provision is generating pushback.

Additionally, with the Environmental Protection Agency planning to rescind national standards for PFAS in drinking water, the National Conference of State Legislatures and the states called on the federal government to fund cleanup and remediation. Since 2023, 26 states have adopted over 100 policies relating to PFAS and PFAS contamination, according to NCSL.