New Mexico’s landmark PFAS consumer product regulation is facing legal challenges on two fronts, with cases filed in both state and federal courts.
The New Mexico Environment Department published a final rule on per- and polyfluoroalkyl substances in consumer products in the May 5, 2026, issue of the New Mexico Register.
Paint manufacturer Diamond Vogel, Inc. filed a Notice of Appeal in the New Mexico Court of Appeals on May 22, 2026, in the case Diamond Vogel v. New Mexico, Court of Appeals No. A-1-CA-43483.
Diamond Vogel is specifically challenging the final rule’s labeling and fee provisions, arguing they exceed regulatory authority and violate constitutional protections.
According to the June 22, 2026, docketing statement, Diamond Vogel claims the labeling requirements violate First Amendment protections under both the U.S. and New Mexico constitutions.
Diamond Vogel also argues the labeling provisions are arbitrary and capricious and are unsupported by substantial evidence in the record.
On July 1, 2026, a coalition of industry associations filed suit in the U.S. District Court for the District of New Mexico, in the case American Chemistry Council v. Kenney, Case No. 1:26-cv-02130.
The coalition includes the American Chemistry Council, Alliance for Automotive Innovation, American Coatings Association, Association of Home Appliance Manufacturers, National Association of Manufacturers, National Electrical Manufacturers Association, National Federation of Independent Business, New Mexico Retail Association, and Power Tool Institute.
According to the complaint, the labeling requirement violates the First Amendment by compelling manufacturers to label products with an Erlenmeyer flask pictograph, which “is not purely factual and uncontroversial.”
The coalition further argues the labeling requirement violates the dormant Commerce Clause by regulating manufacturers wholly outside of New Mexico based solely on the premise that products sold to third parties may ultimately find their way to New Mexico.
The complaint also asserts the rule imposes a burden on interstate commerce that “is clearly excessive in relation to the putative local benefits.”
The Plaintiffs are requesting preliminary and permanent injunctive relief enjoining New Mexico from enforcing the final rule’s labeling mandate against Plaintiffs and their members.
The regulation stems from the Per- and Poly-Fluoroalkyl Substances Protection Act signed by New Mexico Governor Michelle Lujan Grisham on April 8, 2025, which will begin phasing out certain consumer products containing intentionally added PFAS.
The New Mexico Environmental Improvement Board approved the proposed rule following an administrative hearing, with a Final Order signed on April 17, 2026, and the rule taking effect July 1, 2026.
NMED initially proposed that product labels include the statement “Caution: Associated with environmental impacts and health effects such as cancer,” which has fuelled arguments that the labelling requirement was never intended to be purely factual.