This bill prohibits the use of regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) in menstrual products, which are defined to include items such as tampons, sanitary pads, menstrual cups, and underwear, both disposable and reusable. Regulated PFAS are specified as those intentionally added to products for functional purposes or those present at levels of 10 parts per million or higher, as measured by total organic fluorine. The bill mandates that the Department of Environmental Protection (DEP) create a testing system for manufacturers to check for regulated PFAS in menstrual products, with results available for inspection by the Department of Health.
Violations of this bill would be classified as unlawful practices under the Consumer Fraud Act, subjecting offenders to penalties, including fines of up to $10,000 for first offenses and $20,000 for subsequent offenses. The bill is set to take effect 18 months after its enactment, while allowing the commissioners of the DEP and the Department of Health to undertake necessary administrative actions in advance of the effective date.