February 20, 2026 | On February 20, The Toy Association™ submitted comments to the New Mexico Environment Improvement Board in response to the organization’s request for information regarding the proposed adoption of 20.13.2 NMAC (aka the PFAS Protection Act), which would implement New Mexico’s regulations on products with intentionally added per- and polyfluoroalkyl substances (PFAS). As currently written, the rules would require PFAS-specific labeling on toys and other products beginning January 1, 2027, and would prohibit their sale entirely by January 1, 2032, unless an exemption applies.
In its comments, The Toy Association reiterated that its members do not intentionally add PFAS to toys. PFAS may be present in a very small percentage of products, primarily within fully enclosed internal electronic components that do not come into contact with children during play. These components are typically supplied by third-party manufacturers and are commonly used across a range of consumer products to support fire prevention and product safety.
In addition, the Toy Association’s comments focused on three primary areas of concern:
- Labeling Requirements
The Association urged regulators to remove labeling requirements for products that are statutorily exempt, particularly those containing PFAS solely in inaccessible internal components. Mandatory labels on such products could mislead consumers into believing a safety risk exists when none does. The Association also noted practical challenges related to labeling very small toys and packaging and encouraged flexible, common-sense solutions.
- Implementation Timelines
With an effective date of January 1, 2027, the Association highlighted the realities of global toy design and manufacturing cycles, which can span 12 to 24 months or longer. The Association recommended a phased-in enforcement approach focused on education and compliance assistance during the first 24 months of implementation.
- Reporting Requirements and Fees
The Association encouraged alignment with other state and federal PFAS frameworks by allowing reporting at the product-category level rather than SKU-by-SKU. It also urged regulators to permit reliance on upstream supplier information and to clarify that reporting fees apply on a per-manufacturer — not per-product — basis. The goal, the Association noted, is for transparency without imposing unnecessary administrative burdens that do not enhance consumer safety or environmental outcomes.
Click here to read the full comments.
The Toy Association will continue to keep the industry apprised of developments regarding state regulations. For more information on The Toy Association’s advocacy initiatives at the state level or to join the State Government Affairs Committee, members may contact Charlotte Hickcox, director of state government affairs (Eastern states) and Lindsey Hueer, senior manager of state government affairs (Western states).