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