[co-author: Shivani Swami (International Law Advisor)]
Yesterday, New Mexico Governor Michelle Lujan Grisham signed the first state ban on products with intentionally added PFAS to exempt fluoropolymers. The Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212) bans certain categories of products that contain intentionally added PFAS, including cookware and food packaging (beginning in 2027), cosmetics (2028) and all other products (2032). Importantly, the law exempts “fluoropolymers consisting of polymeric substances for which the backbone of the polymer is either a per- or polyfluorinated carbon-only backbone or a perfluorinated polyether backbone that is a solid at standard temperature and pressure.” In doing so, it protects critical uses of fluoropolymers for which there is no substitute, including electric vehicles and batteries, among many others. Note that the final version of the bill omitted an exemption for manufacturers with stewardship programs, a similarly first-in-kind provision that would have allowed sale of otherwise banned products where the manufacturer participated in a statewide take-back program.
