Federal Court Grants Preliminary Injunction to Block New Mexico’s PFAS Labeling Requirement

On Wednesday, September 16, a Federal District Court Judge ruled in favor of plaintiffs’ motion granting a preliminary injunction to halt enforcement of the labeling provision of the New Mexico PFAS In Products Rule. This action came following an August 27 hearing on the merits of the injunction. As a result, the New Mexico Environmental Department (NMED) cannot enforce the labeling provisions while the merits of the case are being litigated. 

On July 1, 2026, the PFAS In-Products Final Rule became effective in the state of New Mexico. The rule restricts the sale of certain consumer products that contain intentionally added PFAS. The rule also requires reporting and labeling of products that are manufactured starting January 1, 2027. The label consists of an Erlenmeyer flask containing the word “PFAS” in no less than 10-point font. However, on July 1, 2026, the American Chemistry Council filed a federal lawsuit, challenging the legality of the labeling provisions, including a request for a preliminary injunction.

The next step is for the Court to develop a hearing calendar to begin addressing the plaintiffs’ case on the merits. This could take months, especially with the upcoming holidays. If approved, the labeling provisions could be removed entirely or modified. While this ruling prohibits the New Mexico Environmental Department labeling requirements from being enforced, it does not necessarily mean the court will rule in favor on the merits, and the labeling requirement could be upheld

This decision does not affect other provisions of the rule, including the reporting requirements. PFAS reports are due in New Mexico before January 1, 2027. Members should conduct their own due diligence to understand their reporting obligations. 

An RV Industry Association webinar is available for members to learn more about this topic. Please reach out to Bill Erny, Senior Manager of Regulatory Affairs, at Berny@rvia.org with any questions