ASSEMBLY CONSUMER AFFAIRS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4767

with committee amendments

STATE OF NEW JERSEY

DATED:  MARCH 6, 2025

      The Assembly Consumer Affairs Committee reports favorably and with committee amendments Assembly Bill No. 4767.

      As amended and reported by the committee, this bill bans the use of regulated perfluoroalkyl and polyfluoroalkyl (PFAS) substances from menstrual products.

      The bill defines menstrual products as those 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 includes both disposable and reusable products.

      Under the bill, regulated PFAS are defined as PFAS which are intentionally added to a product and have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product, or the presence of PFAS in a product or product component at or above 10 parts per million, as measured in total organic fluorine.

      The bill requires the Department of Environmental Protection (DEP) to establish a system to test for regulated PFAS and approve of laboratories to conduct the tests.  Results of any test conducted pursuant to the bill are required to be available to the Department of Health (DOH) for inspection, either from the manufacturer or the laboratory. 

      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.), and would be 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.  Additionally, a violation of the “Consumer Fraud Act” 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.

      The bill would be effective 18 months after enactment, but permits the commissioners of DEP and DOH to take anticipatory administrative action.

COMMITTEE AMENDMENTS:

      The committee amended the bill to require the commissioner of the DEP to publish on its Internet website a list of approved laboratories and acceptable testing methods to be used to satisfy the testing requirements of the bill.

      The committee amendments also extended the effective date to two years after enactment, rather than eighteen months after enactment, as was provided in the bill as introduced.