Bill > A5639

Introduced Session

This 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 or affixed to 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.

AI Summary

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Serena DiMaso (R)*,  Valerie Vainieri Huttle (D)*,  Anthony Verrelli (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 05/12/2021)