[Second Reprint]
ASSEMBLY, No. 2437
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman LISA SWAIN
District 38 (Bergen)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Co-Sponsored by:
Assemblywomen Murphy, Haider, Assemblymen Stanley, Atkins, Assemblywoman Pintor Marin, Assemblyman Sampson, Assemblywomen Park, Lopez, Lampitt, Assemblyman Rodriguez, Assemblywomen Ramirez, Morales, Sumter, Peterpaul, Bagolie, Senators Burgess, O'Scanlon and McKnight
SYNOPSIS
Requires ingredients of menstrual products to be listed on package.
CURRENT VERSION OF TEXT
As amended by the Senate on December 18, 2025.
An Act concerning menstrual products and supplementing Title 2[24] 562 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
1“Confidential business information” means a substance or a combination of substances present in a menstrual product that serve a technical or functional purpose in the finished menstrual product, and for which a claim has been approved by the United States Environmental Protection Agency for inclusion on the confidential portion of the “Toxic Substances Control Act,” Pub.L.94-469 (15 U.S.C. s.2601 et seq.) Chemical Substance Inventory or for which the manufacturer of the menstrual product or the supplier of the substance claim protection under the federal “Defend Trade Secrets Act of 2016,” Pub.L.114-153 2[(18 USC s.1836 et seq.)] (18 U.S.C. s.1836 et seq.)2 or the "New Jersey Trade Secrets Act," P.L.2011, c.161 (C.56:15-1 et seq).1
“Ingredient” means an intentionally added substance 1[that is] or a combination of substances1 present in a menstrual product 1that serve a technical or functional purpose in the finished menstrual product, provided that the substance or the combination of substances is not considered confidential business information1.
“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 1menstrual1 underwear. The term shall include both disposable and reusable products.
“Package or box containing menstrual products” means menstrual products packaged for individual retail sale, and does not include packaging used exclusively for shipping purposes.
b. 1[Every] No later than 18 months after the effective date of this section, 2[a] every2 manufacturer of menstrual products 2[for sale or distribution in the State] sold or offered for sale in this State2 shall:
(1) 2[include] ensure that2 a label 2is included2 on every1 package or box containing menstrual products that is sold or offered for sale in this State 1[shall contain a label]1 listing all of the ingredients contained in the menstrual product, with the ingredients listed in descending order of predominance within the menstrual product. The information shall be displayed in a manner that is conspicuous and easily understandable to consumers1; and
(2) post on its 2[internet] Internet2 website, in an electronically readable format, the label information required to be included on every package or box containing menstrual products pursuant to paragraph (1) of this subsection. 2The manufacturer shall promptly post on its Internet website information concerning any changes requiring a change to the label on a menstrual product pursuant to subsection d. of this section no later than six months after making any ingredient change, addition, or removal.2 A manufacturer may use technologies, including, but not limited to, 2a2 digital link, to communicate the information required by this subsection.
c. The provisions 2[in] of2 subsection b. of this section shall not be construed to require a manufacturer of menstrual products 2sold or offered2 for sale 2[or distribution in the] in this2 State to disclose confidential business information on a package or box containing menstrual products, or on its 2[internet] Internet2 website. 2[A] If, in complying with subsection b. of this section, a2 manufacturer 2[may include] declines to dislcose2 confidential business information 2on a package or box containing menstrual products or on its Internet website in order to protect a substance’s confidential identity, the manufacturer shall include the confidential business information2 by its common name with the label information required under subsection b. of this section 2[in order to protect a substance’s confidential identity]2.
d. A manufacturer of menstrual products when required to change the label on a menstrual product due to a change in 2an2 ingredient, or addition or removal of an ingredient, shall make the change to the label within 18 months of the change in 2[such] the2 ingredient.
e.1 (1) 2[A] In addition to any other penalties authorized by law, it shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any2 manufacturer of menstrual products 2[that] to2 1[, on or after the effective date of this act, distributes to or otherwise offers for sale in New Jersey] 2[manufactures for distribution or sale in the State1] sell or offer for sale in this State2 a package or box containing menstrual products that does not meet the requirements of 1paragraph (1) of1 subsection 1[b] b.1 of this section 2[shall be liable to a civil penalty equal to one percent of the manufacturer’s total annual in-State sales of menstrual products for each package or box containing menstrual products that does not meet the requirements of 1paragraph (1) of1 subsection b. of this section.
(2) A civil penalty assessed pursuant to paragraph (1) of this subsection shall be collected by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).
(3) A civil penalty assessed pursuant to paragraph (1) of this subsection shall not exceed $1,000 per package or box containing menstrual products that does not meet the requirements of subsection b. of this section]2.
2[(4) No] (2) A2 civil penalty 2[may] shall not2 be assessed pursuant to paragraph (1) of this subsection for a package or box containing menstrual products that was manufactured prior to 118 months after1 the effective date of this act.
2. This act shall take effect immediately.