N.Y. General Business Law § 399-AAAA – Menstrual product labeling

1. For purposes of this section:
1. (a) "ingredient" shall mean an intentionally added substance present in the menstrual product; * (b) "menstrual product" shall mean products used for the purpose of catching menstruation and vaginal discharge, including but not limited to tampons, pads, and menstrual cups. These products may be either disposable or reusable. * NB Effective until December 19, 2026 * (b) "menstrual product" shall mean products used for the purpose of catching menstruation and vaginal discharge, including but not limited to tampons, pads, and menstrual cups. These products may be either disposable or reusable; * NB Effective December 19, 2026 * (c) "restricted substance" shall mean an unsafe chemical 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, dibutyl phthalate, di(2)exylhexyl phthalate, butylphenyl methylpropional and isobutyl-, isopropyl-, butyl-, propylparaben, and perfluoroalkyl and polyfluoroalkyl substances; * NB Effective December 19, 2026 * (d) "perfluoroalkyl and polyfluoroalkyl substances" shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom; * NB Effective December 19, 2026 * (e) "intentionally added ingredient" shall mean any element or compound that a manufacturer has intentionally added to a menstrual product, and which has a functional or technical effect in the finished product, including, but not limited to, the components of intentionally added fragrance, flavoring and colorants, and the intentional breakdown products of an added element or compound that also has a functional or technical effect on the finished product. * NB Effective December 19, 2026
2. No later than eighteen months after this section shall have become a law, each package or box containing menstrual products sold in this state shall contain a plain and conspicuous printed list of all ingredients which shall be listed in order of predominance. Such list shall either be printed on the package or affixed thereto.
3. The requirements of this section shall apply in addition to any other labeling requirements established pursuant to any other provision of law. * 4. Whenever a violation of this section has occurred, a civil penalty of one percent of the manufacturer's total annual in-state sales not to exceed one thousand dollars per package or box shall be imposed on the manufacturer. * NB Effective until December 19, 2026 * 4. 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:
1. (a) as of the effective date, a restricted substance present as an intentionally added ingredient at any level; or
2. (b) as of two years after thresholds are established in regulation, but no later than January first, two thousand twenty-nine, a restricted substance at or above a level that the department of health, in consultation with the department of environmental conservation, shall establish in regulation that is the lowest level that can feasibly be achieved; provided, however, that the department of health and department of environmental conservation shall review such level every five years to determine whether it should be lowered. The commissioner of health shall promulgate regulations establishing these levels no later than a year after the effective date of this section. * NB Effective December 19, 2026 * 5. Whenever a violation of this section has occurred, a civil penalty of one percent of the manufacturer's total annual in-state sales not to exceed one thousand dollars per package or box shall be imposed on the manufacturer. * NB Effective December 19, 2026