Challenges to New Mexico’s PFAS Rule Filed in State and Federal Court

Short summary

New Mexico's final PFAS consumer-product rule faces two legal challenges: Diamond Vogel appealed labeling and fee provisions in state court, while an industry coalition led by the American Chemistry Council sued in federal court claiming First Amendment and Commerce Clause violations. The rule requires labeling on PFAS-containing products manufactured after January 1, 2027, and phases in prohibitions through 2032. Both suits seek to enjoin enforcement of the labeling mandate, which NMED revised multiple times before finalization.

• •Diamond Vogel challenges labeling and fee provisions in NM Court of Appeals on First Amendment and statutory authority grounds
• •Industry coalition (ACC et al.) sues in federal court claiming labeling requirement violates First Amendment and dormant Commerce Clause
• •Final rule mandates PFAS product labeling after Jan 1, 2027 and bans non-exempt PFAS products by 2032

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