New Mexico Set to Become Third State to Implement Full PFAS Product Ban

By: The Hill

Mar 27, 2025

New Mexico is on the verge of enacting one of the nation’s most comprehensive bans on products containing toxic PFAS, also known as “forever chemicals.” Two key bills, H.B. 212 and H.B. 140, have passed through the state Legislature and are now awaiting the governor’s signature. These bills aim to prohibit the sale and distribution of many consumer goods containing intentionally added PFAS, while also classifying certain PFAS-containing firefighting foams as hazardous waste. The legislation is part of a growing national movement to address the health and environmental risks posed by PFAS, which are linked to cancers and other serious illnesses.

H.B. 212 outlines a phased ban beginning in 2027, targeting a wide range of everyday items such as cookware, dental floss, food packaging, and juvenile products. By 2028, the ban would extend to cosmetics, textiles, upholstered furniture, and other household goods. The Environmental Improvement Board would be tasked with implementing and enforcing these regulations and would collaborate with the New Mexico Department of Agriculture when addressing PFAS in pesticides and fertilizers. Certain products deemed essential to health, safety, or critical societal functions may be exempt if no feasible alternatives exist.

The second bill, H.B. 140, refines the definition of hazardous waste to include materials with high toxicity potential, such as firefighting foam containing PFAS. This legal clarification strengthens New Mexico’s ability to regulate and manage PFAS-contaminated waste. It represents an important step in the state’s broader strategy to prevent further environmental contamination and protect public health, particularly through stricter oversight of substances long known for their persistence and harmful effects.

If signed into law, New Mexico would join Maine and Minnesota as the only states with near-total PFAS bans, setting a high bar for other states considering similar action. While implementing the ban is estimated to cost $2.8 million over three years, the long-term savings could be significant, especially when compared to the steep costs of removing PFAS from water—up to $18 million per pound. With most New Mexicans relying on public water systems, officials argue that prevention, rather than cleanup, is the only economically viable path forward.

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