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The world’s broadest PFAS labeling obligation has been put on hold. On September 16, 2026, the U.S. District Court for the District of New Mexico granted an industry motion for a preliminary injunction against labeling requirements New Mexico enacted earlier this year. The court concluded that industry’s challenge to the labeling requirements was likely to succeed on the merits. The requirements were set to go into effect for products manufactured after January 1, 2027. Although further legal battles may remain, the program appears unlikely to take effect as scheduled. The District Court opinion does not affect other obligations imposed by the state’s PFAS in products law, including pending reporting obligations and material restrictions.
Background
On March 23, 2026, the state Environmental Improvement Board voted to finalize first-of-its-kind labeling requirements applying to products sold or distributed in the state that contain intentionally-added PFAS. The requirements would have applied to products manufactured after January 1, 2027.
The required label was to consist of an Erlenmeyer flask containing the word “PFAS”. For products other than complex durable goods, this label was to appear on the product and, in some cases, the packaging as well. For complex durable goods – defined to include products with a useful life of at least five years and composed of at least 100 components – the label need not have appeared on the product but was to be included in a consumer-facing product specification sheet and operation and maintenance manual. Only a few product categories – including drugs, medical devices, veterinary products, and pesticides – were to be exempt from the labeling requirement. Although other states have enacted PFAS labeling obligations, those apply to only a few discrete product categories.
Litigation and District Court Opinion
Two industry challenges to the PFAS labeling obligations were filed – one in federal court and one in state court. A coalition of trade groups brought the federal challenge and one company brought the state challenge. Both challenges alleged, among other things, that the labeling obligations constituted forced commercial speech that violates the First Amendment.
The federal challengers requested that the District Court enjoin enforcement of the labeling requirement while the litigation proceeded. On September 16, 2026, the District Court granted that motion. The court found that there was no reasonable fit between the labeling obligations and New Mexico’s stated interest in protecting health and the environment. On that basis, the court concluded that the challengers were likely to succeed on the merits. Because the court also concluded that allowing the reporting requirement to take effect would cause irreparable harm and that the balance of equities and the public interest tipped toward granting the injunction, it granted the challengers’ motion.
The state court adjudicating the separate – but similar – challenge has yet to issue any substantive rulings.
Next Steps
New Mexico now has the opportunity to appeal the preliminary injunction to the Tenth Circuit Court of Appeals. Alternatively, the state could allow the District Court case to proceed to completion. The state could also abandon its defense of the labeling obligation. Under any of these scenarios, the labeling program is unlikely to take effect as scheduled.
Neither court challenge implicates the upcoming reporting and material restriction imposed by New Mexico law. The law requires the manufacturer of any non-exempt product sold, offered for sale, distributed, or distributed for sale in New Mexico to submit certain information on the product to the state by January 1, 2027. Information that must be reported includes:
- A brief description of the product;
- The purpose of the PFAS in the product; and
- The amount of each PFAS in the product.
The law also imposes broad material restrictions. Certain categories of products containing intentionally-added PFAS are restricted as of January 1, 2027 and January 1, 2028, respectively. Beginning January 1, 2032, the law prohibits any product containing intentionally added PFAS unless an exemption applies or the particular use of PFAS has been designated by the state as a “currently unavoidable use.”
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