Menstrual products are essential items for millions of people across the United States, with approximately 72 million individuals of childbearing age depending on these products daily. However, growing evidence indicates that these products may contain harmful chemicals, particularly PFAS (per- and polyfluoroalkyl substances), which pose significant health risks (New York Times, 2023). The presence of these “forever chemicals” has become a source of concern, not only for consumers but also for workers in manufacturing plants exposed to high PFAS concentrations.
What Are PFAS?
PFAS are a group of synthetic chemicals that have been used since the 1940s in various consumer and industrial products for their water, stain, and heat-resistant properties (Environmental Protection Agency, 2024). These chemicals are persistent in the environment and human bodies, earning the nickname "forever chemicals" because they don't break down over time. Exposure to PFAS has been linked to numerous health issues, including cancer, hormone disruption, immune system impairments, and developmental delays in children (U.S. Agency for Toxic Substances and Disease Registry).
PFAS in Menstrual Products
Recent studies have revealed disturbing levels of PFAS in menstrual products. In a 2020 study by Mamavation and Environmental Health News, 48% of sanitary pads, incontinence pads, and liners tested contained detectable levels of PFAS. Additionally, 22% of tampons and 65% of period underwear showed traces of these chemicals (New York Times, 2023).
The presence of PFAS in products marketed as safe and sustainable is especially troubling. A journalist investigating the issue discovered that Thinx period underwear contained alarmingly high levels of PFAS during a collaboration with Professor Graham Peaslee at the University of Notre Dame. One sample showed 3,264 parts per million of fluorine, suggesting intentional PFAS use in the manufacturing process (Choy, Sierra Club, 2021). As she explained, "It’s a very clear sign that PFAS chemicals are being added to the underwear… the company is not being transparent about this.”
Health Risks for Consumers and Workers
For many, the risk isn't limited to product users alone. Workers at plants manufacturing these products may face long-term health consequences due to their consistent exposure to PFAS. In an article published by Time Magazine, Erin Bell, a professor at the School of Public Health at the University of Albany, highlighted the uncertainty around the extent of PFAS exposure from menstrual products. “What’s not yet known for these products is how much is in the products and how much actually gets into our bodies,” Bell said. “An equally great worry is how such products affect workers in the plants manufacturing them, who may be exposed to heavy ambient PFAS concentrations and may be inhaling them or otherwise ingesting them when they alight on lips, hands, or food” (Kluger, 2023).
This is why experts like Carla Ng, a professor at the University of Pittsburgh, stress the need for federal regulations. “This is why federal regulations are so important,” said Ng. “If companies aren’t allowed to use PFAS in consumer goods, then it doesn’t matter where it comes from because the PFAS tap is turned off and the fix comes from the source” (New York Times, 2023).
Legal Actions and Corporate Accountability
The issue of PFAS contamination is drawing increasing attention from both consumers and legal systems. In 2022, Thinx Inc. was hit with a class-action lawsuit, accusing the company of failing to disclose the presence of PFAS in its period underwear. Despite denying the allegations, Thinx ultimately settled the lawsuit and committed to eliminating PFAS from its products (NPR, 2023).
Elizabeth Beasley, the attorney representing the plaintiffs, stated, “Thinx promised consumers a product that was not only safe but also environmentally friendly. The evidence showed otherwise” (NPR, 2023). This case reflects a broader trend of consumers demanding transparency and accountability from companies regarding the safety of everyday products.
Why Regulation is Crucial
The use of PFAS in consumer goods remains largely unregulated, with limited oversight over their inclusion in products like menstrual products. This regulatory gap makes it all the more important for states to take action. In 2019, New York became the first state to mandate ingredient disclosure for menstrual products. The law, S2387B, requires that packaging for these products include a plain and conspicuous printed list of all ingredients.
California recently passed AB 2515, a law addressing the presence of PFAS (per- and polyfluoroalkyl substances) in menstrual products. Signed by Governor Gavin Newsom on September 30, 2024, this legislation bans the manufacture, sale, and distribution of menstrual products containing regulated PFAS starting January 1, 2025.
The New Jersey Bills: Empowering Communities for Change
As the movement to ban PFAS in consumer products gains momentum, New Jersey has stepped up with groundbreaking legislation to protect its residents. Introduced by NJ Assemblywoman Swain and Senator Ruiz in September 2024, Bill S3669, which bans regulated perfluoroalkyl and polyfluoroaklyl substances from menstrual products and Bill S3643, requiring ingredients of menstrual products to be listed on package, are at the forefront of this legislative push.
These bills are a direct response to growing concerns about the pervasive nature of PFAS in everyday products, particularly in the menstrual health sector. Bill S3669 requires the NJ Department of Environmental Protection to establish a system to test for regulated PFAS and approve laboratories to conduct the tests. Violations can lead to fines up to $10,000 for a first offense and $20,000 for repeat offenses and additional consequences include compensation for those impacted.
Bill S3646 ensures menstrual product packaging clearly lists all ingredients in order of amount used. The labels must be easy to find and understand, helping consumers make informed choices and manufacturers face a penalty of 1% of their annual in-state sales for mislabeled menstrual products, capped at $1,000 per item.
These bills represent a crucial step toward community empowerment, as they are not only a response to the mounting evidence of harm caused by PFAS but also an acknowledgment of the power of grassroots advocacy. These efforts have been bolstered by local community leaders, environmental justice organizations, and activists who have long pushed for stronger protections against toxic chemicals. By pushing for such legislation, communities are taking action to safeguard future generations from the ongoing effects of pollution and environmental degradation.
As these bills move through NJ’s legislative process, it is essential that advocates continue to mobilize their communities to ensure their passage. The stories of those who have suffered from the consequences of PFAS exposure are central to this fight. Their voices will be amplified and joined by others across the country. This is a defining moment for New Jersey, where NJ law can set a powerful precedent for the rest of the nation.
Conclusion: Empowering Communities to Lead the Change
The recognition of PFAS in menstrual products underscores the urgent need for stronger consumer protections and corporate accountability. Beyond health concerns, this issue highlights the risks to workers and the environment, reinforcing the necessity of comprehensive action.
Clean Water Action (CWA) is committed to supporting communities and grassroots organizations in advocating for safer, healthier alternatives. By mobilizing for policies like bills S3669 and S3643, we aim to eliminate harmful chemicals like PFAS from everyday products and advance a regulatory framework that safeguards public health.
Take Action: Visit our campaign page to learn more about these bills and how you can support their passage. Together, we can hold corporations accountable, advocate for safer alternatives, and ensure a healthier future for all!
To connect with us or join our efforts, contact X Braithwaite here or call (973) 262-1946.
References
Bill S3643 Session 2024 - 2025. New Jersey legislature. (2024). https://www.njleg.state.nj.us/bill-search/2024/S3643
Bill S3669 Session 2024 - 2025. New Jersey Legislature. (2024). https://www.njleg.state.nj.us/bill-search/2024/S3669
Choy, J. (2021). New Independent Study Confirms PFAS in Thinx, Other Products. Sierra Club. https://www.sierraclub.org/sierra/ask-ms-green/new-independent-study-confirms-pfas-thinx-other-products
Dickens v. Thinx Inc.. settlement - home. Thinx Underwear Settlement. (2022). https://www.thinxunderwearsettlement.com/
Environmental Protection Agency. (2024). PFAS Explained. EPA. https://www.epa.gov/pfas/pfas-explained
Kluger, J. (2023, February 9). What to know about pfas chemicals in menstrual products. Time. https://time.com/6254060/pfas-period-chemicals-underwear-tampons/
Redd, N. (2023, August 10). We had 44 period and incontinence products tested for Forever Chemicals. many were contaminated. The New York Times. https://www.nytimes.com/wirecutter/blog/forever-chemicals-in-period-incontinence-products/
Segedie, L. (2022, November 30). Pfas “Forever Chemicals” Inside Sanitary Pads & Incontinence Pads -- Report 2022. MAMAVATION. https://www.mamavation.com/beauty/pfas-forever-chemicals-sanitary-pads-incontinence-pads.html
Treisman, R. (2023, January 19). Thinx settled a lawsuit over chemicals in its period underwear. here’s what to know. NPR. https://www.npr.org/2023/01/19/1150023002/thinx-period-underwear-lawsuit-settlement#:~:text=Trump’s%20Terms-,Thinx%20lawsuit%3A%20What%20to%20know%20about%20the%20settlement%20and%20PFAS,pay%20up%20to%20%245%20million.
U.S. Agency for Toxic Substances and Disease Registry. (n.d.). Per- and polyfluoroalkyl substances (PFAS) and your health. ATSDR. https://www.atsdr.cdc.gov/pfas/index.html
