In 2021, James Kenney and his husband encountered a surprising discovery while shopping for furniture at a big box store. Kenney, who serves as the cabinet secretary of New Mexico’s Environment Department, requested the product data sheet for fabric protectant when offered by a sales associate. Both he and his husband, a chemical engineer, were taken aback to find that the protectant contained forever chemicals.
Kenney commented on the situation, emphasizing concerns for ordinary citizens in New Mexico who may unwittingly purchase products containing these chemicals, thinking them safe. He noted the irony that the sales attempt was made to the state’s environment secretary.
Recently, the New Mexico legislature passed two bills that Kenney hopes will safeguard consumers. If the governor signs them, the legislation would eventually prohibit the sale of consumer products in New Mexico containing added PFAS, per- and polyfluorinated alkyl substances known for their environmental persistence.
With growing health and environmental concerns about forever chemicals across the nation, New Mexico joins a small but increasing number of states working to restrict or ban PFAS in consumer products. New Mexico is now the third state to enact a legislative PFAS ban, with ten other states having established similar bans or limits on these substances in products like cookware, carpet, clothing, and cosmetics. This year, an unprecedented 29 states have introduced PFAS-related bills, according to an analysis by Safer States, a network focused on issues surrounding potentially hazardous chemicals.
The chemical and consumer product industries have responded to these regulatory trends by lobbying state legislatures to defend their products’ safety claims and, in some instances, filing lawsuits to prevent these laws from being implemented. Some of the exemptions included in New Mexico’s legislation highlight the industry battles taking place within statehouses and even impacting the US Environmental Protection Agency, which is becoming more industry-friendly.
PFAS, a class of thousands of chemicals, was first developed in the 1930s. Their nonstick properties and durability led to widespread industrial and consumer use post-World War II, becoming commonplace in American life. They were used to coat cookware, protect furniture and carpets from stains, and as a component in firefighting foam.
In 1999, a West Virginia resident sued US chemical giant DuPont, claiming pollution from its plant harmed his cattle. The lawsuit exposed DuPont’s longstanding concealment of PFAS’s adverse health effects on workers from the government. The chemical industry has subsequently paid billions in settlements related to PFAS lawsuits. In 2024, 3M agreed to pay between $10 billion and $12.5 billion to US public water systems for PFAS remediation and testing, although it did not admit liability. DuPont and its spinoff company Chemours continue to deny wrongdoing in pending lawsuits, including the initial West Virginia case.
