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Senate Commerce Committee Statement to Assembly, No. 4767 (2R) — State of New Jersey (November 17, 2025)

Summary

A Senate Commerce Committee statement to the Second Reprint of Assembly, No. 4767, State of New Jersey, dated November 17, 2025, reporting the bill favorably with committee amendments. The bill limits the use of regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) in menstrual products, including tampons, sanitary pads, discs, menstrual cups and underwear. Regulated PFAS means intentionally added PFAS or PFAS above a technically unavoidable trace quantity, measured in total organic fluorine, and the Department of Environmental Protection is to set up a testing system. A violation would be an unlawful practice under the "Consumer Fraud Act," with penalties of not more than $10,000 for a first offense and not more than $20,000 after that.

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Cite this document

“Senate Commerce Committee Statement to Assembly, No. 4767 (2R) — State of New Jersey (November 17, 2025).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/a4767-2r-scm-statement-11-17-25-84774f222a/, SHA-256 cc5503e0ef83df25944e2e057dcdda50aa46dafa7ca1224626c00924f2dd837e.

Full text

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.

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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