In a notable event that underscores the growing awareness surrounding environmental safety, James Kenney, the cabinet secretary of New Mexico’s Environment Department, had a rather eye-opening experience in 2021. While he and his husband were shopping at a popular big box store for a piece of furniture, a sales associate offered them a fabric protectant. Curious about the safety of the product, Kenney requested to see its data sheet, only to be taken aback by the presence of what are commonly known as forever chemicals, or per- and polyfluorinated alkyl substances (PFAS).

Kenney expressed his dismay at the situation, stating, “I think about your normal, everyday New Mexican who is trying to get by, make their furniture last a little longer, and they think, ‘Oh, it’s safe, great!’ It’s not safe.” This revelation became a personal mission for Kenney, who sought to protect consumers from the hidden dangers of everyday products.

In a significant legislative development, the New Mexico legislature recently passed two bills aimed at safeguarding consumers from these harmful substances. If signed into law by the governor, this legislation will lead to a comprehensive ban on consumer products containing added PFAS. This move positions New Mexico alongside a growing list of states committed to restricting and, in some instances, banning the use of these hazardous chemicals in consumer goods.

As concerns about the health implications of forever chemicals gain traction across the United States, New Mexico becomes the third state to enact a PFAS ban through legislative means. Currently, ten other states have implemented restrictions on added PFAS in a variety of consumer products, including cookware, carpets, clothing, and cosmetics. This year alone, a record 29 states are examining PFAS-related bills in their respective legislatures, showcasing the increasing demand for action against these chemicals, according to an analysis by Safer States, an organization dedicated to advocating for safer chemical practices.

The push for regulations has not gone unnoticed by the chemical and consumer products industries, which are responding with significant lobbying efforts to sway state legislatures in favor of their products. Some companies have even resorted to legal action to prevent new laws from being implemented. In New Mexico, the legislation highlights key exemptions that reveal the ongoing battles industries are prepared to wage in statehouses nationwide, as they look for favorable outcomes from a newly industry-aligned US Environmental Protection Agency (EPA).

It's crucial to understand that PFAS is not a singular substance but rather a collection of thousands of chemicals. The origins of PFAS trace back to the 1930s, and their unique properties—particularly their nonstick characteristics—led to widespread use in both industrial and consumer applications, especially in the postwar era. These chemicals have since become ubiquitous in American society, found in everything from nonstick cookware to stain-resistant furniture and carpets, as well as in firefighting foams.

Concerns about PFAS have been mounting for decades, particularly following a pivotal lawsuit filed in 1999 by a West Virginia farmer against the chemical giant DuPont. The farmer claimed that pollution from a DuPont factory was responsible for the deaths of his cattle. This lawsuit exposed how DuPont had withheld crucial information regarding the negative health effects of PFAS on workers and the community. Over the years, the chemical industry has faced significant financial repercussions, with billions in settlements paid out in PFAS-related lawsuits. Notably, in 2024, 3M, another major player in the industry, reached an agreement to pay between $10 billion and $12.5 billion to US public water systems where PFAS contamination was detected, although the company did not admit any liability. Both DuPont and its spin-off company, Chemours, continue to deny wrongdoing in various lawsuits linked to PFAS, including the landmark West Virginia case.