Court Temporarily Blocks New Mexico PFAS Labelling Requirement

A US federal court has temporarily blocked enforcement of New Mexico’s labelling requirement for products containing intentionally added PFAS. In a preliminary injunction issued on 16 September 2026, the District of New Mexico stopped the state from enforcing the flask-shaped “PFAS” symbol while the case, American Chemistry Council v. Kenney (No. 1:26-cv-02130), proceeds.

The requirement, adopted by the Environmental Improvement Board in May 2026, would have applied to products with intentionally added PFAS. Under the rule, the label would have had to appear on the product or, for complex durable goods, in the consumer-facing product specification sheet. The January 2027 labelling deadline is now on hold.

The court found that the plaintiffs were likely to succeed on their argument that the label is not reasonably connected to New Mexico’s stated consumer and environmental health interests. The order is a preliminary ruling and does not decide the case on its merits.

The injunction covers only the labelling provisions. The phased sales restrictions and reporting requirements under New Mexico’s PFAS Protection Act are not affected by this order.

Source: Order Granting Plaintiffs’ Motion for a Preliminary Injunction, American Chemistry Council v. Kenney, No. 1:26-cv-02130, Document 46 (D.N.M. 16 September 2026) .