New Mexico’s PFAS Protection Act (HB 212) introduces a phased ban on consumer products containing intentionally added PFAS. For the cosmetics industry, restrictions on cosmetics will take effect January 1, 2028, unless an exemption or currently unavoidable use determination applies. By 2032, the ban is expected to extend to virtually all non-exempt products containing intentionally added PFAS.

Medical devices are subject to exemptions where PFAS are essential to the device and their use do not pose serious harm to users. Manufacturers should assess whether their products meet the applicable exemption criteria.

A new PFAS labeling requirement will also take effect January 1, 2027. Products containing intentionally added PFAS sold or distributed in New Mexico will be required to display a standardized PFAS symbol. The Environmental Improvement Board finalized the implementing rules in March 2026, with the Final Rule published in the New Mexico Register on May 5, 2026.

To ensure your compliance with this new requirement, please contact us.