Requires ingredients of menstrual products to be listed on package.

A1940

ASSEMBLY, No. 1940

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 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)

Co-Sponsored by:

Assemblywomen Murphy, Haider, Assemblyman Stanley,
Assemblywoman Pintor Marin, Assemblyman Sampson, Assemblywomen Park, Lopez,
Assemblyman Rodriguez, Assemblywomen Morales, Peterpaul and Bagolie

SYNOPSIS

���� Requires ingredients of menstrual products to be
listed on package.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning menstrual products and supplementing
Title 24 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:

��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 (18 USC s.1836 et seq.) or the "New
Jersey Trade Secrets Act," P.L.2011, c.161 (C.56:15-1 et seq).

���� �Ingredient� means an
intentionally added substance
or a combination
of substances
present in a menstrual product
that 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
information
.

���� �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
menstrual
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.���
No later than 18 months after the effective date of this section, a
manufacturer of menstrual products for sale or distribution in the State shall:

���� (1)�
include a label on every
package or box containing menstrual products
that is sold or offered for sale in this State 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
consumers
; and

���� (2)� post
on its internet 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.� A
manufacturer may use technologies, including, but not limited to, digital link,
to communicate the information required by this subsection.

���� c.��� The provisions in
subsection b. of this section shall not be construed to require a manufacturer
of
menstrual products for sale or distribution
in the State to disclose confidential business information on a package or box
containing menstrual products, or on its internet website.� A manufacturer may
include confidential business information by its common name with the label
information required under subsection b. of this section in order to protect a
substance�s confidential identity.�

���� d.��� A
manufacturer of menstrual products when required to change the label on a
menstrual product due to a change in ingredient, or addition or removal of an
ingredient, shall make the change to the label within 18 months of the change
in such ingredient.�

���� e.��� (1)�

A manufacturer of menstrual products that manufactures for distribution
or sale in the State a package or box containing menstrual products that does
not meet the requirements of
paragraph (1) of
subsection

b.
of this section 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
paragraph (1) of
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.�

���� (4)� No civil penalty may be
assessed pursuant to paragraph (1) of this subsection for a package or box
containing menstrual products that was manufactured prior to
18 months after
the effective date of this
act.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill requires every
package or box of menstrual products that is sold or offered for sale in the
State, no later than 18 months after the effective date of the bill, to:� (1)
include a label on every package or box of menstrual products that is sold or
offered for sale in the State listing all of the ingredients contained in the
menstrual product, with the ingredients listed in descending order of
predominance within the menstrual product; and (2) post on its Internet
website, in an electronically readable format, the label information required
under the bill to be included on every package or box containing menstrual
products.� The information is to be displayed in a manner that is conspicuous
and easily understandable to consumers.

���� The bill clarifies that these
provisions are not to be construed to require a manufacturer of menstrual
products to disclose confidential business information on a package or box
containing menstrual products, or on its internet website.� A manufacturer may
include confidential business information by its common name with the label
information required under the bill in order to protect a substance�s
confidential identity.� The bill requires a manufacturer of menstrual products
to change the label listing any change in ingredients within 18 months of such
a change.

���� The bill establishes a civil
penalty for menstrual product manufacturers that distribute to, or otherwise
offer for sale in New Jersey menstrual products in packaging that does not meet
the labeling requirements established under the bill. The civil penalty will be
equal to one percent of the manufacturer�s total annual in-State sales of
menstrual products for each noncompliant package or box, not to exceed $1,000
per noncompliant package or box.� The civil penalty will be collected by 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
�Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.). The
bill specifies that the civil penalty may not be assessed for a noncompliant
package or box containing menstrual products that was manufactured prior to 18
months after the effective date of the bill.

���� Under the bill, �menstrual
product� is defined as a product used 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. �Package or box containing menstrual products� is defined to
mean menstrual products packaged for individual retail sale, and does not
include packaging used exclusively for shipping purposes.