Position Statement – 2025
A.1502 (Rosenthal)/S.1548 (Fernandez)
Legislation banning the use of certain restricted substances in menstrual products.
Support
The Women’s Bar Association of the State of New York (“WBASNY”) supports A.1502 (Rosenthal)/S.1548 (Fernandez) amending General Business Law Section 399-aaaa to prohibit the use of certain restricted substances in menstrual products, including but not limited to talc, lead, and mercury. The legislation also bans the use of the addition of fragrances, colorants, dyes, preservatives, or other ingredients used in menstrual products.
Specifically, this bill adds “restricted substance” to the definitions section to mean an unsafe chemical and substance for inclusion in menstrual products as determined by the commissioner of health, which shall include, but not be limited to, lead, mercury and related compounds, formaldehyde, triclosan, toluene, talc, per- and poly fluoroalkyl substances, and several other listed and harmful chemicals. The legislation provides that “no menstrual products distributed, sold, or offered for sale in this state, whether at retail or wholesale, for personal, professional or commercial use, or distributed for promotional purposes, shall contain a restricted substance or use such restricted substance as a fragrance, colorant, dye, preservative or other intentionally added ingredient.”
Researchers have found toxic metals in tampons, which can cause adverse health effects, including damaging the cardiovascular, nervous and endocrine systems; liver, kidney, and brain; it also increases the risk of dementia, cancer, harm to maternal health, and fetal development. The chemicals included in tampons, in particular, are concerning because the skin of the vagina has a higher potential for chemical absorption than other parts of the body. The presence of these metals in menstrual products may be causing women to be at higher risk for the illnesses associated with metal toxicity. Even though the tampons on store shelves in the United States meet the FDA’s premarket requirements for safety and effectiveness, the concern of the presence of toxic metals and the potential heightened risk of illness for women caused the members of a women’s caucus to urge the FDA to look more closely into safety issues associated with menstrual products. WBASNY holds a firm belief that women and girls should be safe from any harmful or toxic ingredients in menstrual products.
WBASNY has a long and honored role in making life better for women and children by advocating for equality and fair treatment. With uncertainty at the federal level, New York must take all the steps necessary to ensure the health and safety of all New Yorkers.
WBASNY supports A.1502 (Rosenthal)/S.1548 (Fernandez)