Rep. Cates Pushes Back On Industry Resistance To Toxic Chemical Regulations

STATE News:

RIO RANCHO — New Mexico State Rep. Kathleen Cates (D-Rio Rancho) sent a letter to national industry associations underscoring the importance of a new state law to protect New Mexicans from forever chemicals. 

Earlier this month, a group of industry associations filed a lawsuit against enforcement of House Bill 212: the PFAS Protection Act, co-sponsored by Rep. Cates in the 2025 Legislative Session. This legislation, which passed with strong bipartisan support and was signed into law by the Governor, established a timeline and framework for phasing out goods containing PFAS from sale in the state and requires transparent labeling for products in which the chemicals are unavoidable. 

PFAS (Perfluoroalkyl and polyfluoroalkyl substances) are a group of synthetic compounds, known as “forever chemicals,” which can cause serious health concerns such as cancer, liver damage, thyroid disease, and fertility issues, as well as having damaging effects on animal and plant health. They are found in many common household items, such as cleaning agents, nonstick cookware, electronics, and personal care products.

“We are simply asking for transparency regarding what chemicals we are bringing into our own houses and communities,” Rep. Cates said in the letter. “We in the legislature have a right and a duty to stand up for our citizens and constituents and say that enough is enough.”

The letter was sent to the American Chemistry Council, Alliance for Automotive Innovation, American Coatings Association, Association of Home Appliance Manufacturers, National Electrical Manufactures Association, National Federation of Independent Business Inc, New Mexico Retail Association, and Power Tool Institute. 

The full text of the letter is below: 

“To the American Chemistry Council, Alliance for Automotive Innovation, American Coatings
Association, Association of Home Appliance Manufacturers, National Electrical Manufactures
Association, National Federation of Independent Business Inc, New Mexico Retail Association,
and Power Tool Institute:

“Earlier this month, national industry associations filed a lawsuit against enforcement of New
Mexico’s labelling requirements on products containing intentionally added per- and
polyfluoroalkyl substances (PFAS). The regulations are part of a New Mexico state law, HB 212, that I sponsored along with several other legislators in 2025, providing a timeline for the phase-
out of intentionally added PFAS in certain consumer products sold in New Mexico, and labelling requirements in English and Spanish for those products where PFAS use is unavoidable. The
regulations in question are common-sense and nonpartisan; HB 212 passed unanimously, with a
vote of 62-1 in the House and 37-3 in the Senate.

“New Mexico has too often been seen as a “testing ground,” exposing our people to toxic
chemicals and pollution. With HB 212, our communities and state legislature stood up and
demanded change, only to be met with legal action from out-of-state associations attacking New
Mexicans’ freedom to make their own, informed choices.

“With these labelling requirements, we are simply asking for transparency regarding what
chemicals we are bringing into our own houses and communities. It is not an unreasonable ask.
We in the legislature have a right and a duty to stand up for our citizens and constituents and say
that enough is enough. I proudly stand by the work done by my colleagues, the New Mexico
Environment Department, and myself on HB 212, its associated rules, and principles espoused
therein. I urge your associations to recognize the importance of these safety requirements and
reconsider your opposition in the name of public health and transparency.

“HB 212 is a crucial step towards protecting New Mexicans’ right to informed decisions, but our
efforts to expand disclosures around chemicals like PFAS will continue. This year, the
Legislature asked the Environment Department to compile a report on economic, public health,
and environmental risks associated with PFAS, as gaps remain in the information available on
forever chemicals.

“Working with the Environment Department and my colleagues in the legislature, I look forward
to advancing the safety and transparency measures that New Mexicans deserve through HB 212
and beyond. I encourage you to join us in these efforts to protect public health and consumers’
right to complete information.” – New Mexico State Rep. Kathleen Cates

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