Governor Michelle Lujan Grisham signed the Per- and Poly-Fluoroalkyl Substances Protection Act (NM HB 212) into law last week. The law establishes a PFAS in consumer products phaseout timeline in New Mexico and defines PFAS broadly as “a substance in a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.”  

The law provides as follows for product categories relevant to mattress manufacturers:  

  • Effective January 1, 2027, a manufacturer shall not sell or distribute a juvenile product that contains intentionally added PFAS. Adult mattresses are not explicitly exempt from the juvenile product definition.   
  • Effective January 1, 2028, a manufacturer shall not sell or distribute fabric treatments, textiles, textile furnishings, or upholstered furniture that contain intentionally added PFAS.   
  • Effective January 1, 2032, a manufacturer shall not sell any consumer product that contains intentionally added PFAS unless the New Mexico Environmental Improvement Board has adopted a rule providing that the use of PFAS in that product is a currently unavoidable use.  

Although the bill does not explicitly include adult mattresses in its list of covered products, the defined terms are broad enough that all mattresses (both children’s and adult) are likely covered by the earlier phase outs and now, by the comprehensive consumer products ban. With the signing of the Per- and Poly-Fluoroalkyl Substances Protection Act, New Mexico joins Maine and Minnesota as the third state to enact a comprehensive PFAS ban for all consumer products.   

ISPA has updated a chart that analyzes PFAS bills currently pending in state legislatures across the country that could affect the mattress industry. The chart is available to ISPA members only.   

ACCESS CHART