California to Enforce PFAS Prohibitions in Menstrual Products

SafeGuardSCosmetics and Hygiene19 Dec 2024

SG 176/24

California has signed into law the Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act (AB 2515), prohibiting per- and polyfluoroalkyl substances (PFAS) from menstrual products.

Following other California bills set to restrict PFAS, Assembly Bill No. 2515 (AB 2515), also known as, Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act, was signed into law on September 30, 2024.

Term	Definition under AB 2515
Menstrual product	A product used to collect menstruation and vaginal discharge, including, but not limited to, tampons, pads, sponges, menstruation underwear, disks and menstrual cups, whether disposable or reusable.
Perfluoroalkyl and polyfluoroalkyl substances or PFAS	A class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
Regulated PFAS (from January 1, 2025)	PFAS that are intentionally added to a product and have a functional or technical effect in the product.
Regulated PFAS (from January 1, 2027)	PFAS in a product or product component at or above a limit determined by the Department of Toxic Substances Control (the department), as measured in total organic fluorine.

A summary of the act’s timeline:

Timeline	Requirement
From January 1, 2025	Any person is prohibited from manufacturing, distributing, selling or offering for sale in California any menstrual products that contain a regulated PFAS.
By January 1, 2027	The presence of a regulated PFAS shall be determined by the department at or above a limit (measured in total organic fluorine). The department shall announce on its website the accepted test method for regulated PFAS in menstrual products and appropriate third-party accreditations for laboratories.
By January 1, 2029	The department shall implement, interpret, enforce and make specific Article 15 (commencing with Section 25258), Chapter 6.5 of Division 20 of the Health and Safety Code.
By July 1, 2029	Manufacturers must register a menstrual product with the department and provide information as follows. Name and description of product Applicable registration fee Statement of product compliance (technical documentation and test results may be required for submission upon request from the department)

Violation of these provisions may bring about administractive or civil penalties as specified in the act. Moneys collected from penalities will be deposited into the ‘T.A.M.P.O.N. Act Fund’.

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