Federal Court Temporarily Blocks New Mexico PFAS Labeling Requirement

Judge Strickland, a New Mexico federal judge, issued a preliminary injunction on September 16, 2026, that temporarily blocks the state from requiring manufacturers to place a PFAS label on any product intentionally made with forever chemicals, finding the groups opposed to the mandate likely have First Amendment grounds to challenge it. The court concluded that industry’s challenge to the labeling requirements was likely to succeed on the merits.  The mandate was scheduled to start for products manufactured after January 1, 2027, but enforcement is now halted. Other state PFAS rules (like reporting and material bans) remain active.

The American Chemistry Council, the New Mexico Retail Association and other industry groups sued the state in July over the requirement, arguing the state was forcing manufacturers to convey its “unsupported message” that PFAS-containing products are dangerous.

The New Mexico law imposed the broadest PFAS labeling obligation in the U.S. Colorado, California, and Connecticut are the only other states that require labels on some products with intentionally added PFAS, but their requirements are more limited, Judge Strickland noted. For example, California and Colorado only require the label for cookware where the PFAS is on a surface that would come into contact with a food or beverage. Connecticut’s extends to apparel, carpets, cleaning products, cookware, menstruation products and other items. 

The PFAS labeling requirement will be stayed until a final judgement is rendered in the litigation.

Click here to read the court’s order. While this is a very positive development for U.S. businesses, it also is a reminder of the regulatory burden on industry to track and monitor the ever-changing developments with these state PFAS laws.