Federal Court Enjoins New Mexico PFAS Labeling Requirement

The District of New Mexico issued a preliminary injunction that enjoins a regulation adopted by New Mexico’s Environmental Improvement Board that would require manufacturers of products with intentionally added PFAS to label their product with an Erlenmeyer flask with the word “PFAS” inside the flask. The challenge to the regulation was brought by the American Chemistry Council and other industry groups based on their claims that the regulation violates the First Amendment and the Dormant Commerce Clause. On the element of likelihood of success on the merits, the court found that it is likely that the plaintiffs will be able to establish that there is no reasonable fit between the compelled speech in the regulation and New Mexico’s stated interest. On irreparable injury, the court observed that the Supreme Court has made clear that a loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. Finally, the court held that the balance of the equities and the public interest supported the preliminary injunction.

September 16, 2026 | American Chemistry Council v. Kenney, No. 1:26-cv-02130 (D.N.M.).