New Mexico Issues Preliminary Injunction on PFAS Labeling Requirements

On Wednesday, September 16, a federal court in New Mexico issued a preliminary injunction blocking enforcement of the state’s PFAS labeling requirements while litigation challenging the rule continues. The labeling requirements were scheduled to take effect January 1, 2027, and would have applied to covered products containing intentionally added PFAS.

The court found that the industry plaintiffs are likely to succeed on their First Amendment challenge and enjoined enforcement of the law’s labeling provisions for the duration of the lawsuit. The order enjoins enforcement of the labeling provision itself and is not limited on its face to the named plaintiffs or their members.

As a result, Window and Door Manufacturers Association members otherwise subject to the labeling requirements are not currently required to comply while the injunction remains in effect.

This is a preliminary injunction and not a final resolution of the case. The ruling also does not suspend New Mexico’s separate PFAS reporting requirements, product restrictions, or other provisions of the PFAS law, which remain in effect.

WDMA officials say they will continue monitoring the litigation, including any appeal or further action by the state, and will provide members with additional updates as developments occur.

Members with immediate questions can contact Alex McIntyre at amcintyre@wdma.com.