A federal judge has issued a preliminary injunction blocking a New Mexico rule that was set to require manufacturers to label consumer products that contain per- and polyfluoroalkyl substances, or PFAS, more commonly known as "forever chemicals."
The ruling is a setback for supporters of the policy, who have argued the labels would have given shoppers clearer information about the products and chemicals they may be bringing into their homes.
Here's what to know
According to Source New Mexico, U.S. District Judge Margaret Strickland blocked New Mexico from carrying out its PFAS labeling requirement on September 16.
In July, the New Mexico Environment Department was sued by the American Chemistry Council, the National Association of Manufacturers, and six other manufacturing organizations. According to Source NM, the plaintiffs argued the rule violated the First Amendment by forcing companies to carry a government-mandated message.
In her order regarding the suit, Strickland wrote that the state had not shown the label "is a rational vehicle to achieve the goals of protecting consumer and environmental health" and said that "the state proclaims the regulation exists to raise consumer awareness, but underneath intends the label to operate as a warning in disguise."
The requirement, which was approved by the New Mexico Environmental Improvement Board in March, grew out of the PFAS Protection Act, which the New Mexico Legislature passed and Gov. Michelle Lujan Grisham signed into law in 2025. The rule was set to require manufacturers to label consumer products containing PFAS, starting in 2027.
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More background
Because PFAS — which are man-made chemicals — can resist heat, water, grease, and stains, they are used in a wide range of everyday products. Beyond their ubiquity, they are also persistent in habitats and human bodies, hence the nickname "forever chemicals."
Exposure to certain PFAS has been linked to reproductive concerns, developmental delays, immune system disruption, and cancer risks.
Strickland did reject some of the manufacturers' claims in her order. She wrote that New Mexico's definition of PFAS aligns with rules already adopted in Colorado, California, and Connecticut. She also said the plaintiffs did not show that consumers would interpret the label as inflammatory or controversial.
Still, the injunction may slow a broader push for clearer disclosure of chemicals.
What's being done?
New Mexico officials say they are not backing away from the fight.
James Kenney, secretary of the New Mexico Environment Department, told Source NM that the state plans to challenge Strickland's injunction but that the judge "made a solid roadmap" for the department to consider.
He also told the outlet, "This preliminary injunction shows that the intent of industry is to keep New Mexicans in the dark and not educate them on what types of PFAS might be coming in from their grocery stores or big box retailers."
Manufacturers, however, are pushing in the opposite direction.
According to Source NM, Linda Kelly, chief legal officer for the National Association of Manufacturers, said the group is seeking permanent relief so companies would not have to alter products, packaging, and manufacturing lines to comply with the labeling rule.
Where can I learn more?
The dispute in New Mexico is part of a wider fight over PFAS. These stories cover proposed bans, new restrictions, and broader battles over the "forever chemicals" showing up in consumer products:
• In Minnesota, a strict PFAS ban is reaching everyday consumer products.
• In New York, lawmakers say the state needs to address PFAS in household products.
• Across the country, 11 states are cracking down on PFAS with enforceable restrictions.
• Federal regulators rejected limits on PFAS in food despite warnings about a major exposure source.
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