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States Push Back Against PFAS While Industry Fights to Protect Interests

States are taking action against PFAS, known as 'forever chemicals,' due to health risks. New Mexico joins others in banning these substances, facing industry opposition. The debate centers on balancing regulation with industry interests, highlighting the need for safer alternatives and comprehensive policies.

Published April 7, 2025 at 08:12 PM EDT in Cybersecurity

In recent years, a growing number of states have taken decisive action against PFAS, or per- and polyfluorinated alkyl substances, commonly referred to as 'forever chemicals.' These substances are notorious for their persistence in the environment and potential health risks, including cancer and reproductive issues. Despite their widespread use in consumer products like nonstick cookware, carpets, and firefighting foams, the federal government has been slow to regulate them. This has led states to step up, with New Mexico being the latest to pass legislation banning consumer products containing PFAS.

New Mexico's legislative efforts are part of a broader movement, with at least 29 states considering PFAS-related bills this year. The state's new laws, if signed by the governor, would make it the third state to enact a PFAS ban through its legislature, following Maine and Minnesota. These actions are driven by mounting evidence of the chemicals' harmful effects, as nearly half of the US population is exposed to PFAS through drinking water, and almost all Americans have detectable levels of PFAS in their blood.

However, the chemical and consumer products industries are not taking these developments lightly. They have mobilized lawyers and lobbyists to counteract these regulations, arguing that the bans are too broad and could lead to overregulation of safe products. A key point of contention is the inclusion of fluoropolymers, a type of PFAS used in nonstick cookware, which some states have exempted from bans due to industry pressure.

The debate over PFAS regulation highlights a significant divide between state and federal approaches. While the Environmental Protection Agency (EPA) has only recently set drinking water limits for six types of PFAS, states are pushing for more comprehensive measures. Industry groups argue for a federal definition of PFAS to prevent a patchwork of state regulations, which they claim could complicate compliance and stifle innovation.

Despite industry resistance, advocates for stricter PFAS regulations emphasize the importance of finding safer alternatives. They argue that exemptions for certain PFAS uses remove incentives for developing less harmful options. As states continue to grapple with the challenge of phasing out these pervasive chemicals, the conversation around PFAS regulation is likely to evolve, driven by both scientific advancements and public health concerns.

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