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New Mexico small business organizations file lawsuit challenging PFAS labeling regulation

Industry News, News | July 7, 2026 | By:

Several small business organizations in New Mexico filed a lawsuit July 1 challenging a regulation from the New Mexico Environmental Improvement Board requiring manufacturers to label products containing PFAS.

The regulation, which was passed in March, requires manufacturers to display a universal symbol on any product containing intentionally added PFAS, beginning Jan. 1, 2027. The universal symbol is a black Erlenmeyer flask with “PFAS” written inside.

The organizations include:

  • 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 Inc.
  • New Mexico Retail Association
  • Power Tool Institute

“New Mexico small businesses care deeply about the health and safety of their customers and go to great lengths to provide quality products and services that benefit their communities,” says Jason Espinoza, New Mexico state director, National Federation of Independent Business. “With many Main Street businesses already navigating rising costs and uncertainty, the last thing they need is another regulation that unnecessarily complicates how they operate and serve their customers.”

The business organizations argue that the regulation is “unconstitutional” and violates “First Amendment rights of companies by compelling them to spread the State’s unsupported message that PFAS-containing products are dangerous,” according to the complaint.

To read the full complaint, click here.

For more information about PFAS regulations in the U.S., visit Advanced Textiles Association’s PFAS Resource Center at textiles.org/education/pfas-resource-center.

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