Senate Commerce Committee Statement to Assembly, No. 4767 (November 17, 2025)

Summary

Senate Commerce Committee statement to [Second Reprint] Assembly, No. 4767 with committee amendments, State of New Jersey, dated November 17, 2025. The committee reports favorably and with committee amendments Assembly Bill No. 4767 (2R), which as amended limits the use of regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) in menstrual products. The statement says the bill requires the Department of Environmental Protection to establish a system to test for regulated PFAS and approve laboratories, and that a violation would be an unlawful practice under the Consumer Fraud Act. It says the bill would be effective two years after enactment and is identical to Senate Bill No. 3669.

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     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                     [Second Reprint]
               ASSEMBLY, No. 4767
                   with committee amendments



 STATE OF NEW JERSEY
                  DATED: NOVEMBER 17, 2025

    The Senate Commerce Committee reports favorably and with
committee amendments Assembly Bill No. 4767 (2R).
    As amended, the bill limits the use of regulated perfluoroalkyl and
polyfluoroalkyl substances (PFAS) in menstrual products.
    The bill defines menstrual products as those 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 includes both disposable and reusable products.
    Under the bill, as amended, regulated PFAS are defined as:
    (1) "intentionally added PFAS," which means PFAS added to a
product or one of the product's components to provide a specific
characteristic, appearance, or quality or to perform a specific function
and includes any degradation byproducts of PFAS; or
    (2) the presence of PFAS in a product or product component above
a technically unavoidable trace quantity, as measured in total organic
fluorine.
    The bill requires the Department of Environmental Protection
(DEP) to establish a system to test for regulated PFAS and approve of
laboratories to conduct the tests. Results of any test conducted
pursuant to the bill are required to be available to the Department of
Health (DOH) for inspection, either from the manufacturer or the
laboratory.
    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.),
and would be 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. Additionally, a violation of the “Consumer Fraud
Act” 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.
    The bill would be effective two years after enactment, but permits
the commissioners of DEP and DOH to take anticipatory
administrative action.
                              2

   As amended and reported by the committee, Assembly Bill No.
4767 (2R) is identical to Senate Bill No. 3669, which was also
amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:
    The committee amended the bill to:
    (1) amend the definition of regulated PFAS;
    (2) prohibit the level of PFAS present to an amount above a
technically unavoidable trace quantity; and
    (3) and make technical changes.


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