Bill Text: NJ S1677 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires menstrual products include ingredient list; requires toxic shock syndrome warnings be printed on tampon package.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Commerce Committee [S1677 Detail]
Download: New_Jersey-2024-S1677-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
SYNOPSIS
Requires menstrual products include ingredient list; requires toxic shock syndrome warnings be printed on tampon package.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning menstrual products and toxic shock syndrome, and supplementing P.L.1960, c.39 (C.56:8-1 et. seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Feminine Hygiene Products Safety Act."
2. For purposes of this act:
"Ingredient" means a substance that is present in any quantity in a menstrual product.
"Menstrual product" means a product manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear. The term shall include both disposable and reusable products.
3. a. Every package or box containing menstrual products that is sold or offered for sale in this State shall contain a label listing all of the ingredients contained in the menstrual product and the percentage of each ingredient. The information shall be printed on the outside of the package or box, and displayed in a manner that stands alone and is bold, conspicuous, and easily understandable to consumers.
b. Every package or box containing tampons that is sold or offered for sale in this State shall contain a warning about the dangers of toxic shock syndrome printed on the front of the package or box. The warning shall be displayed in a manner that stands alone and is bold, conspicuous, and easily understandable to consumers. The warning shall include a safety alert symbol and the signal word "DANGER."
c. Every package or box containing tampons that is sold or offered for sale in this State shall contain a warning about the dangers of toxic shock syndrome printed on the side and the inside flap of the package or box. The warning shall be displayed in a manner that stands alone and is bold, conspicuous, and easily understandable to consumers. The warning shall include the following:
(1) a list of the warning signs of toxic shock syndrome;
(2) instructions on action to take if the warning signs appear, including the need to remove the tampon at once and seek medical attention immediately:
(3) information concerning the advisability of using tampons with the minimum absorbency needed to control menstrual flow in order to reduce the risk;
(4) information concerning avoiding the risk of getting tampon-associated toxic shock syndrome by not using tampons, and reducing the risk by using alternative menstrual products;
(5) information concerning the need to seek medical attention before again using tampons if toxic shock syndrome warning signs have occurred in the past, or if a consumer has any questions about toxic shock syndrome or tampon use; and
(6) any other information required to be provided to consumers in accordance with federal law or regulation.
d. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to manufacture a package or box containing menstrual products that does not meet the requirements of subsection a. and subsection b. of this section.
4. The provisions of this act shall apply to menstrual products manufactured on or after the effective date of this act.
5. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill establishes the "Feminine Hygiene Products Safety Act." The bill requires menstrual products to include an ingredient list and requires tampon packaging to contain printed warnings concerning the risk of toxic shock syndrome.
Under the bill, every package or box containing menstrual products that is sold or offered for sale in this State would be required to contain a label listing all of the ingredients and the percentage of each ingredient. The information would be printed on the package or box, and displayed in a manner that stands alone, and is bold, conspicuous, and easily understandable to consumers. "Menstrual products" are defined in the bill as products manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear. The term also includes disposable and reusable products.
The bill also provides that
every package or box containing tampons sold or offered for sale in this State
would be required to contain two warnings about the dangers of toxic shock
syndrome, displayed in a manner that stands alone and is bold, conspicuous, and
easily understandable to consumers. The first warning, to be printed on the
front of the package or box, would include a safety alert symbol and the signal
word "DANGER." The second warning, to be printed on the side and inside flap
of the box or package, would include the following:
(1) a list of the warning signs of toxic shock syndrome;
(2) instructions on action to take if the warning signs appear, including the need to remove the tampon at once and seek medical attention immediately;
(3) information concerning the advisability of using tampons with the minimum absorbency needed to control menstrual flow in order to reduce the risk;
(4) information concerning avoiding the risk of getting tampon-associated toxic shock syndrome by not using tampons, and reducing the risk by using alternative menstrual products;
(5) information concerning the need to seek medical attention before again using tampons if toxic shock syndrome warning signs have occurred in the past, or if a consumer has any questions about toxic shock syndrome or tampon use; and
(6) any other information required to be provided to consumers in accordance with federal law or regulation.
A violation of the bill's provisions would be an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.). An unlawful practice is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
