NYS Legislature OKs bill banning 'forever chemicals' in menstrual products

ALBANY — New York is moving to ban the use of harmful forever chemicals known as PFAS, heavy metals, fragrances and dyes in menstrual products, under a bill headed to Gov. Kathy Hochul for her consideration.

The legislation — passed by the State Assembly Wednesday and the Senate in January — would restrict the sale of certain "unsafe" chemicals in period products, including tampons, pads and menstrual cups, sold in the state in an effort to reduce women’s exposure, according to a bill memo. A woman can use more than 16,000 feminine hygiene products in her lifetime, according to the memo.

The bill would take effect a year after being signed into law.

"Women are not science experiments," Assemb. Linda Rosenthal (D-Manhattan), the bill’s Assembly sponsor said in a news release. "For decades, manufacturing giants have sacrificed women’s health in pursuit of the almighty dollar. Since the first period product was sold in 1896, billion-dollar corporations have been granted complete discretion in determining which metals and chemicals they consider safe for women to insert into their bodies. With the passage of my bill, that practice ends."

The proposed legislation was unanimously approved in both houses.

Hochul spokesman Avi Small in an email said the governor will review the proposal.

Environmental and health groups applauded the bill’s passage.

"Women should not be unnecessarily exposed to PFAS chemicals, formaldehyde, parabens and other toxics when they use these products," said Adrienne Esposito, executive director of Citizens Campaign for the Environment, in a news release. "This legislation creates a future where menstrual and feminine hygiene products are as safe as they are necessary."

New York’s proposed legislation aims to ban PFAS, or per- and polyfluoroalkyl substances, which have been used in products from nonstick cookware to clothing and been linked to increased risk of certain cancers, developmental effects or delays in children, and can adversely impact the immune system, according to the U.S. Environmental Protection Agency. They’re called "forever chemicals" because they breakdown slowly and can build up in animals and humans over time, according to the EPA.

The American Chemistry Council, a trade group representing chemical manufacturers, argues that "all PFAS are not the same."

"They have differing health and environmental profiles, as well as uses," council spokesman Tom Flanagin said in an emailed statement. "It is not scientifically accurate or appropriate to treat all PFAS the same for the purposes of regulation." He noted the majority of PFAS that have been the focus of public attention are no longer produced in the United States, Europe and Japan, and those in commerce today have "undergone rigorous review by regulators before their introduction."

The New York bill also would ban the use of harmful chemicals including lead, mercury, formaldehyde and talc, as well as intentionally added ingredients such as flavoring, colorants and fragrances.

The state Department of Health and Department of Environmental Conservation, by 2029, would be required to set minimum safe levels for these chemicals as a guide for substances that they may not feasibly be able to eliminate from the product, according to an Assembly Democratic majority news release.

Procter & Gamble, or P&G, a multinational corporation which owns several major feminine hygiene brands including Always and Tampax, did not return a request for comment.