Senate Commerce Committee Statement to Senate, No. 3669 — State of New Jersey (November 17, 2025)

Summary

The Senate Commerce Committee of the State of New Jersey, in a statement dated November 17, 2025, reports favorably and with committee amendments Senate Bill No. 3669. As amended, the bill limits the use of regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS) in menstrual products, both disposable and reusable, covering intentionally added PFAS and PFAS present above a technically unavoidable trace quantity. The Department of Environmental Protection is to establish a testing system and approve laboratories. A violation would be an unlawful practice under the "Consumer Fraud Act," with a penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. The bill would be effective two years after enactment.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
3669

with
committee amendments

STATE
OF NEW JERSEY

DATED: NOVEMBER
17, 2025

The Senate Commerce Committee reports favorably and
with committee amendments Senate Bill No. 3669.

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, Senate Bill
No. 3669 is identical to Assembly Bill No. 4767 (2R), 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 ;

(3) require the DEP to publish on its Internet
website a list of approved laboratories and acceptable testing methods to be
used to satisfy the testing requirements of the bill;

(4) extend the effective date an additional six
months; and

(5) and make technical changes.

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