Key Takeaways:
– On Monday, Gov. Gavin Newsom signed a bill that bans the sale of menstrual products with certain toxic chemicals in California
– By 2025, it would be illegal to manufacture or sell menstrual products that intentionally contain PFAS
– By 2027, manufacturers must limit unintentionally added PFAS to a level determined by the Department of Toxic Substances Control
– Products violating these restrictions could face fines
– PFAS can make tampons and pads more absorbent, but may be replaced with safer substances
– First ever legal action of its kind in California, coming after Vermont initiated a similar measure in June
Controlling Harmful Substances in Menstrual Products
In a significant stride towards women’s health, California Governor Gavin Newsom signed a bill into law banning the sale of menstrual products that contain certain levels of toxic chemicals. This groundbreaking legislation, which comes into effect by 2025, targets harmful substances known as perfluoroalkyl and polyfluoroalkyl, better known as PFAS.
The Earliest Compliance in the History of Menstrual Products Legislation
Starting from 2025, the rule outrightly forbids the delibrate addition of PFAS in the manufacture and sale of menstrual products. Further, by 2025, there is a mandate for manufacturers to constrain the levels of unintentionally added PFAS to a level that the Department of Toxic Substances Control considers safe.
Legally Addressing Violation of the Law
The new regulation does not stop at simply monitoring the manufacture and sale of menstrual products. It includes provision for penalizing those who defy the prohibition. The specific amount of the fine and who will enforce it still remains uncertain.
The Use and Danger of PFAS in Menstrual Products
PFAS are known to enhance the absorbency of the materials used in tampons and pads. However, advocates insist that these toxic substances can be replaced by safer options. This issue seriously impacts half of the population and numerous health complications are linked to exposure to PFAS. These include hypertension and preeclampsia during pregnancy, kidney and testicular cancer, and changes in liver function.
A Welcome Measure for Women’s Health
Diane Papan, Assemblymember from San Mateo and the author of the bill, hailed the legislation as a big leap for women’s health. Papan emphasized the urgency, given that the issue affects a large proportion of the population over a significant part of their lives. She further expressed surprise at having to still fight for such basic safety measures in this day and age.
Repeat Legislation after a Veto
The subject was previously tackled in the state with a similar bill, also penned by Papan, garnering bipartisan support. However, it was stalled after being vetoed by Newsom. Despite expressing strong support for the bill, Newsom highlighted the challenges in implementing single-product chemical bans, referring to inconsistent interpretations and confusion among manufacturers over how to adhere to restrictions.
An Ongoing Fight against PFAS
California’s move comes at a time when there is a growing national concern regarding the contents of feminine hygiene products. A study published by the environmental watchdog, Mamavation, discovered that 22% of tampons had traces of PFAS. This figure rose to 48% among sanitary pads and panty liners tested.
With California setting a new precedent in banning PFAS from menstrual products, other states may hopefully follow suit. Vermont was the pioneer state to initiate such a ban. California also recently prohibited the use of these ‘forever’ chemicals in multiple other consumer products such as cosmetics, clothing, and food packaging.
Ongoing Concerns and Actions
Concerns about other harmful ingredients in menstrual products still persist. A study conducted by Columbia University, UC Berkeley, and Michigan State University found the presence of 16 possible harmful metals in tampons from various brands.
Four members from the Democratic Women’s Caucus appealed to the U.S. Food and Drug Administration to address existing safety concerns over potentially toxic materials in tampons. As they compellingly argued, the addition of harmful chemicals and metals to products used during a woman’s reproductive years is a cause for grave concern.