Senate Commerce Committee Statement to Assembly, No. 2437 (1R) — State of New Jersey (December 12, 2024)

Summary

Statement of the Senate Commerce Committee, State of New Jersey, dated December 12, 2024, reporting favorably Assembly Bill No. 2437 (1R). The bill requires every package or box of menstrual products sold or offered for sale in the State to carry a label listing all ingredients in descending order of predominance. It sets a civil penalty for manufacturers equal to one percent of total annual in-State sales of menstrual products for each noncompliant package or box, not to exceed $1,000 per package or box, collected by the Division of Consumer Affairs. The penalty may not be assessed for products manufactured before the bill's effective date. The statement says the bill is identical to Senate Bill No. 3643.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY,
No. 2437

STATE
OF NEW JERSEY

DATED: DECEMBER
12, 2024

The Senate Commerce Committee reports favorably
Assembly Bill No. 2437 (1R).

This bill requires every package or box of menstrual
products that is sold or offered for sale in the State to include a label
listing all of the ingredients contained in the menstrual product, with the
ingredients listed in descending order of predominance within the menstrual
product. The information is to be displayed in a manner that is conspicuous and
easily understandable to consumers.

The bill establishes a civil penalty for menstrual
product manufacturers that distribute to or otherwise offer for sale in New
Jersey menstrual products in packaging that does not meet the labeling
requirements established under the bill. The civil penalty will be equal to one
percent of the manufacturer’s total annual in-State sales of menstrual products
for each noncompliant package or box, not to exceed $1,000 per noncompliant
package or box. The civil penalty will be collected by the Division of
Consumer Affairs in the Department of Law and Public Safety in summary
proceedings before a court of competent jurisdiction pursuant to the “Penalty
Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The bill
specifies that the civil penalty may not be assessed for a noncompliant package
or box containing menstrual products that was manufactured prior to the
effective date of the bill.

Under the bill, “menstrual product” is defined as a
product used 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. “Package or
box containing menstrual products” is defined to mean menstrual products
packaged for individual retail sale, and does not include packaging used
exclusively for shipping purposes.

As reported by the committee, Assembly Bill No. 2437
(1R) is identical to Senate Bill No. 3643, as amended and reported by the
committee on this date.

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