By Kevin Hendricks, The Paper.
New Mexico shoppers could lose their right to know which household products contain “forever chemicals” if a coalition of national trade groups gets its way in federal court.
State Rep. Kathleen Cates, D-Rio Rancho, fired back this week with a letter to eight industry associations defending House Bill 212, the PFAS Protection Act she co-sponsored in 2025. The law, which passed 62-1 in the House and 37-3 in the Senate, requires warning labels on products containing intentionally added PFAS starting Jan. 1, 2027, and phases out some PFAS-laden goods entirely.
“We are simply asking for transparency regarding what chemicals we are bringing into our own houses and communities,” Cates wrote. “We in the legislature have a right and a duty to stand up for our citizens and constituents and say that enough is enough.”
The American Chemistry Council and other groups sued July 1 in U.S. District Court for the District of New Mexico, arguing the label — a black Erlenmeyer flask marked “PFAS” — violates manufacturers’ free speech by forcing them to imply the chemicals are dangerous when, they say, the science isn’t settled.
National Association of Manufacturers Chief Legal Officer Linda Kelly said the mandate improperly expands state power over manufacturing nationwide.
PFAS chemicals have been linked to cancer, liver damage, thyroid disease and fertility problems, and are common in nonstick cookware, cleaning products and electronics.