Colorado and New Mexico are moving forward with environmental rules that affect packaging and chemical use in consumer products, and The Toy Association is working to ensure the toy industry’s perspectives are represented throughout the process.

Colorado
The Colorado Department of Public Health and Environment released the final draft of its eco-modulation rules, which outline incentives for companies participating in the state’s extended producer responsibility (EPR) program.

• The incentives can reduce producer fees by up to 10% for meeting certain environmental performance standards.
• Based on Toy Association feedback, the state updated its post-consumer recycled content requirement so that qualifying material can be generated anywhere in the U.S., as long as it is used by a Colorado end-market business.
• The rules are expected to be formally adopted in the coming weeks and take effect January 1, 2026.

New Mexico
The New Mexico Environment Department has started rulemaking to implement SB 212 (aka the PFAS Protection Act), which regulates products containing intentionally added PFAS (per- and polyfluoroalkyl substances).

• The law would require PFAS labeling on toys and other products beginning January 1, 2027, and ban their sale beginning January 1, 2032, unless an exemption applies.
• The Toy Association is reviewing the draft rules, which raise concerns around timing, labeling requirements, and reporting obligations.
• The Association plans to meet directly with regulators to advocate for practical solutions, including reasonable compliance timelines and appropriate exemptions for toy components.

Members are encouraged to share feedback on the New Mexico draft rules by the end of November to help shape the industry’s formal comments during the upcoming public comment period; indicate if they are interested in joining in-person meetings in New Mexico (dates forthcoming); and share toy-specific examples that could be impacted by the proposed rules to help support advocacy discussions with state officials. To share input or to ask any questions, members may contact Lindsey Hueer, The Toy Association's senior manager of state government affairs (Western states).

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).