STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Senators Cryan, Diegnan, Singleton and Singer
SYNOPSIS
Limits regulated perfluoroalkyl and polyfluoroaklyl substances from menstrual products.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act limiting perfluoroalkyl and polyfluoroalkyl substances in menstrual products 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. a. As used in this act:
“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.
“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means the same as defined in subsection k. of section 1 of P.L.2023, c.243 (C.56:8-229).
“Regulated perfluoroalkyl and polyfluoroalkyl substances” or “Regulated PFAS” means:
(2) The presence of PFAS in a product or product component above a technically unavoidable trace quantity, as measured in total organic fluorine.
b. A manufacturer of menstrual products shall not sell, distribute, or offer for sale or use in this State any menstrual product containing regulated PFAS.
c. (1) The Department of Environmental Protection shall establish a system for manufacturers to periodically test for the presence of regulated PFAS in menstrual products, to be conducted by a laboratory approved by the commissioner.
(2) The commissioner shall publish on the department’s Internet website a list of approved laboratories and a list of acceptable testing methods to be used to satisfy the requirements of paragraph (1) of this subsection.
d. The results of a test conducted pursuant to subsection c. of this section shall be available to the Department of Health for inspection upon request to the manufacturer or laboratory.
e. A violation of the provisions of this section shall constitute an unlawful practice for the purposes of P.L.1960, c.39 (C.56:8-1 et seq.), and the violator shall be subject to all the remedies and penalties available pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take effect on the first day of the 25th month next following enactment, except that the Commissioner of Environmental Protection and the Commissioner of Health may take any anticipatory administrative action in advance as may be necessary for the implementation of this act.
STATEMENT
This bill limits the use of regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) in 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:
(1) "intentionally added PFAS," which means PFAS added to a product or one of the product's components to provide a specific characteristic, appearance, or quality or to perform a specific function and includes any degradation byproducts of PFAS; or
(2) the presence of PFAS in a product or product component above a technically unavoidable trace quantity, 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 two years after enactment, but permits the commissioners of DEP and DOH to take anticipatory administrative action.