Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. Existing law makes a violation of these provisions punishable by a civil and administrative penalty. Existing law creates the T.A.M.P.O.N. Act Fund in the State Treasury for the deposit of these penalties. Existing law provides that moneys in the fund are available upon appropriation by the Legislature.

This bill would require, on and after December 31, 2026, a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of specified chemicals in the manufacturers disposable tampon or pad products. The bill would authorize the department to determine, and publish on its internet website, additional concerning chemicals in disposable tampons or pad products, as provided. The bill would authorize the department to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals in the manufacturers disposable tampon or pad products. The bill would authorize the department to publish on its internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for those specified and any additional concerning chemicals, as specified. The bill would require, upon request from the department, a manufacturer to provide any technical documentation, including test methods and analytical test results, to assess the concentrations of those specified and any additional chemicals in its disposable tampon or pad products, as provided. The bill would authorize the department to conduct its own tests to confirm the manufacturers results, or contract with third-party laboratories for that testing. The bill would require the manufacturer to pay for the costs of testing the manufacturers products before the testing is conducted. The bill would require that any charges collected by the department pursuant to these provisions be deposited into the T.A.M.P.O.N. Act Fund and made available, upon appropriation by the Legislature, to the department for purposes of implementing these provisions, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers compliance with, these provisions.

The bill would authorize the department to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The bill would authorize the department to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on the departments internet website.

Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. Existing law makes a violation of these provisions punishable by a civil and administrative penalty. Existing law creates the T.A.M.P.O.N. Act Fund in the State Treasury for the deposit of these penalties. Existing law provides that moneys in the fund are available upon appropriation by the Legislature.

This bill would require, on and after December 31, 2026, a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of specified chemicals in the manufacturers disposable tampon or pad products. The bill would authorize the department to determine, and publish on its internet website, additional concerning chemicals in disposable tampons or pad products, as provided. The bill would authorize the department to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals in the manufacturers disposable tampon or pad products. The bill would authorize the department to publish on its internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for those specified and any additional concerning chemicals, as specified. The bill would require, upon request from the department, a manufacturer to provide any technical documentation, including test methods and analytical test results, to assess the concentrations of those specified and any additional chemicals in its disposable tampon or pad products, as provided. The bill would authorize the department to conduct its own tests to confirm the manufacturers results, or contract with third-party laboratories for that testing. The bill would require the manufacturer to pay for the costs of testing the manufacturers products before the testing is conducted. The bill would require that any charges collected by the department pursuant to these provisions be deposited into the T.A.M.P.O.N. Act Fund and made available, upon appropriation by the Legislature, to the department for purposes of implementing these provisions, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers compliance with, these provisions.

The bill would authorize the department to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The bill would authorize the department to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on the departments internet website.

Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. Existing law makes a violation of these provisions punishable by a civil and administrative penalty. Existing law creates the T.A.M.P.O.N. Act Fund in the State Treasury for the deposit of these penalties. Existing law provides that moneys in the fund are available upon appropriation by the Legislature.

This bill would require, on and after December 31, 2026, a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of specified chemicals in the manufacturers disposable tampon or pad products. The bill would authorize, on or before January 1, 2027, authorize the department to determine, and publish on its internet website, additional concerning chemicals in disposable tampons or pad products, as provided. The bill would authorize the department, on or before January 1, 2028, department to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals in the manufacturers disposable tampon or pad products. The bill would authorize the department to publish on its internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for those specified and any additional concerning chemicals, as specified. The bill would require, upon request from the department, a manufacturer to provide any technical documentation, including test methods and analytical test results, to assess the concentrations of those specified and any additional chemicals in its disposable tampon or pad products, as provided. The bill would authorize the department to conduct its own tests to confirm the manufacturers results, or contract with third-party laboratories for that testing. The bill would require the manufacturer to pay for the costs of testing the manufacturers products before the testing is conducted. The bill would require that any charges collected by the department pursuant to these provisions be deposited into the T.A.M.P.O.N. Act Fund and made available, upon appropriation by the Legislature, to the department for purposes of implementing these provisions, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers compliance with, these provisions.

The bill would authorize the department to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The bill would authorize the department to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on the departments internet website.

Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. Existing law makes a violation of these provisions punishable by a civil and administrative penalty. Existing law creates the T.A.M.P.O.N. Act Fund in the State Treasury for the deposit of these penalties. Existing law provides that moneys in the fund are available upon appropriation by the Legislature.

This bill would require, on or before and after December 31, 2026, a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of specified chemicals in the manufacturers disposable tampon or pad products. The bill would authorize, on or before January 1, 2027, the department to determine, and publish on its internet website, additional concerning chemicals of concern in disposable tampons or pad products, as provided. The bill would authorize the department, on or before January 1, 2028, to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals in the manufacturers disposable tampon or pad products. The bill would authorize the department to publish on it its internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for those specified and any additional chemicals of concern, concerning chemicals, as specified. The bill would require, upon request from the department, a manufacturer to provide any technical documentation, including test methods and analytical test results, to assess the concentrations of those specified and any additional chemicals in its disposable tampon or pad products, as provided. The bill would authorize the department to conduct its own tests to confirm the manufacturers results, or contract with third-party laboratories for that testing. The bill would require the manufacturer to pay for the costs of testing the manufacturers products before the testing is conducted. The bill would require that any charges collected by the department pursuant to these provisions be deposited into the T.A.M.P.O.N. Act Fund and made available, upon appropriation by the Legislature, to the department for purposes of implementing these provisions, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers compliance with, these provisions.

The bill would authorize the department to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The bill would authorize the department to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on the departments internet website.

Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. Existing law makes a violation of these provisions punishable by a civil and administrative penalty. Existing law creates the T.A.M.P.O.N. Act Fund in the State Treasury for the deposit of these penalties. Existing law provides that moneys in the fund are available upon appropriation by the Legislature.

This bill would require, on or before December 31, 2026, a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of specified chemicals in the manufacturers disposable tampon or pad products. The bill would authorize, on or before January 1, 2027, the department to determine, and publish on its internet website, additional chemicals of concern in disposable tampons or pad products, as provided. The bill would authorize the department, on or before January 1, 2028, to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals in the manufacturers disposable tampon or pad products. The bill would authorize the department to publish on it internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for those specified and any additional chemicals of concern, as specified. The bill would require, upon request from the department, a manufacturer to provide any technical documentation, including test methods and analytical test results, to assess the concentrations of those specified and any additional chemicals in their its disposable tampon or pad products, as provided. The bill would authorize the department to conduct its own tests to confirm the manufacturers results, or contract with third-party laboratories for that testing. The bill would require the manufacturer to pay for the costs of testing the manufacturers products before the testing is conducted. The bill would require that any charges collected by the department pursuant to these provisions be deposited into the T.A.M.P.O.N. Act Fund and made available, upon appropriation by the Legislature, to the department for purposes of implementing these provisions, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers compliance with, these provisions.

The bill would authorize the department to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The bill would authorize the department to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on the departments internet website.

Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. Existing law makes a violation of these provisions punishable by a civil and administrative penalty. Existing law creates the T.A.M.P.O.N. Act Fund in the State Treasury for the deposit of these penalties. Moneys Existing law provides that moneys in the fund are available upon appropriation by the Legislature.

This bill would require, on or before July 1, 2026, December 31, 2026, a manufacturer of disposable tampons or pads pad products to maintain information regarding the concentrations of specified chemicals that the department has found to be of concern in the manufacturers disposable tampon or pad products. The bill would authorize, on or before January 1, 2027, the department to determine, and publish on its internet website, additional chemicals of concern in disposable tampons or pad products, as provided. The bill would authorize the department, on or before January 1, 2028, to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals in the manufacturers disposable tampon or pad products. The bill would require, upon request from the department, a manufacturer to provide any technical documentation, including test methods and analytical test results, to assess the concentrations of those specified and any additional chemicals in their menstrual products. disposable tampon or pad products, as provided. The bill would authorize the department to conduct its own tests to confirm the manufacturers results, or contract with third-party laboratories for that testing. The bill would require the manufacturer to pay for the costs of testing the manufacturers products before the testing is conducted. The bill would require that any charges collected by the department pursuant to these provisions be deposited into the T.A.M.P.O.N. Act Fund and made available, upon appropriation by the Legislature, to the department for purposes of implementing these provisions, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers compliance with, these provisions.

The bill would authorize the department to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results. The bill would authorize the department to provide information regarding the potential health impacts associated with the presence of specific chemicals in menstrual products disposable tampon or pad products by making the information available to the public in a searchable format on the departments internet website.

Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions. Existing law makes a violation of these provisions punishable by a civil and administrative penalty. Existing law creates the T.A.M.P.O.N. Act Fund in the State Treasury for the deposit of these penalties. Moneys in the fund are available upon appropriation by the Legislature.

Existing law prohibits any person from manufacturing, distributing, selling, or offering for sale in the state any menstrual products that contain regulated perfluoroalkyl and polyfluoroalkyl substances, as defined. Existing law requires the Department of Toxic Substances Control to adopt regulations on or before January 1, 2029, as specified, for the purposes of implementing, interpreting, enforcing, or making specific these provisions.

This bill would provide that it is the intent of the Legislature to enact future legislation relating to menstrual products.

 UNFINISHED BUSINESS 

Bill No: SB 754

Author: Durazo (D)

Amended: 10/11/25

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 8-0, 4/30/25

AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Menjivar, Padilla, Pérez

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SENATE FLOOR: 39-0, 5/27/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Reyes

ASSEMBLY FLOOR: 71-0, 9/9/25 - See last page for vote

SUBJECT: Menstrual products: disposable tampons and pad products: concerning chemicals

SOURCE: Author

DIGEST:

This bill requires manufacturers of disposable tampon or pad products to maintain information regarding the concentrations of specified chemicals on and after December 31, 2026, and requires the Department of Toxic Substances Control (DTSC) to conduct relevant oversight.

Assembly Amendments

of 9/3/25 remove the deadline for DTSC to determine additional concerning chemicals, remove the authorization to determine additional concerning chemicals through Safer Consumer Products, and authorize DTSC to publish acceptable testing methods on its website.

ANALYSIS:

Existing law:

1. Requires the Department of Public Health (DPH), under the Sherman Food, Drug, and Cosmetic Law (Sherman Law), to regulate the manufacturing, distribution, and labeling of various drugs, devices, and cosmetics, including menstrual products. (Health and Safety Code (HSC) §109875, et seq.)
2. Requires cosmetic manufacturers, under the Safe Cosmetics Act, to submit to DPH a list of its cosmetic products sold in California that contain any ingredient that is a chemical identified as causing cancer or reproductive toxicity. (HSC §111792)
3. Under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) (HSC § 25249.5 et seq.):
   1. Prohibits a person, in the course of doing business, from knowingly discharging or releasing a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water;
   2. Prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual; and
   3. Requires the Governor to publish a list of chemicals known to cause cancer or reproductive toxicity and to annually revise the list.
4. Under the Safer Consumer Products (Green Chemistry) statutes (HSC § 25252 et seq.):
   1. Requires DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified;
   2. Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern; and
   3. Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product.
5. Requires, under the Menstrual Products Right to Know Act of 2020, a package containing menstrual products manufactured on or after January 1, 2023, for sale or distribution in the state to be labeled with all ingredients in the product by weight and this information to be posted on the internet. (HSC § 111822)
6. Prohibits any person from manufacturing, distributing, selling, or offering for sale any menstrual product that contains PFAS and requires manufacturers to provide specified information to DTSC. (HSC § 25258)

This bill:

1. Requires manufacturers of disposable tampons or pad products to maintain information regarding the concentrations of four specified toxic metals on and after December 31, 2026.
2. Authorizes DTSC to determine additional chemicals of concern in disposable tampons or pad products and publish a list on its website.
3. Requires manufacturers of disposable tampons or pad products to maintain information regarding the concentrations of any additional chemicals of concern determined by DTSC.
4. Authorizes DTSC to public acceptable testing methods, testing frequencies, and third-party laboratory accreditations to its internet website.
5. Requires manufacturers to provide technical documentation regarding testing processes and results for the four specified toxic metals and any additional chemicals of concern, upon request from the department.
6. Authorizes DTSC to conduct tests or contract with a third-party to confirm manufacturer test results.
7. Deposits any charges collected by the department into the T.A.M.P.O.N. Act Fund.
8. Requires, upon appropriation by the Legislature, funds from the T.A.M.P.O.N. Act Fund to be made available for the implementation of and oversight requirements within the proposed statute.
9. Authorizes the department to publish all available test results and potential health impacts of the specific and present chemicals of concern on the department’s website.

Background

1. What’s in menstrual products? People who menstruate have their period, on average, for about 40 years of their life. In the United States, this is approximately 72.7 million people between the ages of 15-49. During menstruation, they rely on a diverse range of menstrual products, including tampons, pads, menstrual cups, and period underwear. Exposure to harmful chemicals within menstrual products is particularly concerning because the vagina is an area with high blood flow where toxins can be taken up more efficiently than other places on the body. Of further concern, people using menstrual products are of reproductive age, thus exposure could potentially impact unborn children as well.

Harmful chemicals have been detected in menstrual products, including dioxins, polycyclic aromatic hydrocarbons, fragrances, phthalates, parabens, bisphenols, triclocarban, glyphosate, and volatile organic compounds.^[1] Processes such as bleaching the materials used in menstrual products may contribute to the presence of some of these harmful substances.^[2] Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.¹

Toxic, heavy metals may also be introduced into menstrual products through a few pathways. Some intentionally-added ingredients that function as antimicrobial agents or lubrication may include cobalt and nickel.^[3] Contamination can occur through other metals, such as lead, cadmium, and arsenic, originating from natural sources or industrial/agricultural pollution. These metals bioaccumulate into plants, such as cotton, that are used to make the absorbent core materials within menstrual products.³ Additionally, contaminants in the water used during the manufacturing process may end up in menstrual products.³

Some heavy metals, including lead, cadmium, and arsenic, are carcinogens and associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, and developmental health impacts.^[4],[5],[6] There is no safe exposure level to lead, and research has shown that the average amount of lead within tampons is approximately 6 times the action level established by the U.S. Environmental Protection Agency.^3,[7]

1. Current regulation of menstrual products. The Federal Food and Drug Administration (FDA) has broad authority to regulate medical devices for safety and effectiveness. Menstrual products are considered medical devices because they are intended to affect the function of the body. Menstrual products are not FDA approved; rather, they are registered and given clearance for marketing. Federal registration subjects these products to FDA oversight and consumer compliance tracking.

In California, DPH’s Food and Drug Branch (FDB) licenses and inspects menstrual products as medical devices. Under the Sherman Law, FDB has broad authority for licensing, inspection, enforcement, and embargoing of products. In addition, the Sherman Act provides DPH broad authority to ensure that consumer goods such as menstrual products are properly manufactured, packaged, labeled and that the products are not adulterated, misbranded, or falsely advertised. DPH adopts federal Good Manufacturing Practices and federal new drug and new device regulations. According to DPH, no violations or enforcement actions have been taken by FDB on menstrual products.

The Menstrual Products Right to Know Act of 2020 was established by AB 1989 (Cristina Garcia, Chapter 272, Statutes of 2020) to require manufacturers to include a label on menstrual products with a list of all ingredients to increase transparency of the toxic chemicals that menstrual products contained. The lists only include ingredients that are intentionally-added by the manufacturer. AB 2515 (Papan, Chapter 1008, Statutes of 2024) bans per- and polyfluoroalkyl substances (PFAS) from menstrual products and provides oversight and enforcement mechanisms through DTSC.

1. Ongoing hazard & safety assessments. Menstrual products are currently undergoing screening research in the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, administered by DTSC. SCP provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern, known as Candidate Chemicals, with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Candidate Chemicals have been identified in menstrual products and DTSC intends to release a public background document on the topic this year. Additionally, based on recent studies, the FDA has decided to commission an independent literature review and initiate a bench laboratory study to evaluate metals in tampons.^3,[8]

There are still many chemicals of concern contained within menstrual products that are both listed as intentionally-added ingredients and from contamination. Although there is still uncertainty surrounding the ability for toxic chemicals to leach out of menstrual products during menstruation and absorb through the vaginal walls, regulation could be a vehicle to obtain more data on the presence of these chemicals. Research has suggested that requiring manufacturers to test menstrual products for these chemicals could be useful in determining the extent of their presence, while studies evaluating the risks of exposure progress. This bill would increase transparency surrounding these chemicals and their potential health effects, as well as support ongoing research regarding their exposure risks.

Comments

1. Purpose of Bill. According to the author, “Tampons have existed for nearly 100 years, and pads for over 150. These products are used by 9 million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet, every few years, we learn that they might contain a new potentially harmful chemical.”

“SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to the Department of Toxic Substances Control (DTSC). This bill also allows the DTSC to publish these results along with their own analyses, providing menstruators with the information they need about the products they are using in such a sensitive area. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products.”

1. Transparency is key. With the introduction of this bill, science led to policy. If this bill is passed, the outcomes of this policy will advance science in support of public health. There are still knowledge gaps regarding the exposure risks to harmful chemicals through menstrual products and concentration thresholds at which these products could be deemed safe. Research in this area would require extensive funding to thoroughly test various products for various chemicals.

This bill shifts the financial burden of testing to the manufacturer, while also providing a mechanism to ensure transparency of all harmful chemicals within these products. This bill expands upon the Menstrual Products Right to Know Act by displaying the amounts of harmful chemicals, both intentionally-added and contamination. If DTSC publishes this information provided by manufacturers, this will allow the public to stay informed of what’s in the products they use. Furthermore, research will be informed and guided by data provided through the manufacturer.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, “Ongoing cost pressure of an unknown but potentially significant amount, possibly in the hundreds of thousands of dollars, should DTSC choose to use some or all of the authorities granted to it by this bill (Toxic Substances Control Account (TSCA), T.A.M.P.O.N. Act Fund, or other fund). While the bill does not mandate anything of DTSC, it authorizes the department to determine additional chemicals of concern, publish acceptable testing methods and third-party lab accreditations, require manufacturers to maintain specified information, conduct its own testing or contract with third-party laboratories for the testing (paid for by the manufacturer), among other tasks.”

“While the potential costs associated with these tasks are unknown and variable, for context, in fiscal year (FY) 2023-24, DTSC expended about $20 million on its SCP program (which establishes a process to identify products that contain potentially harmful chemicals and evaluate potential safer alternatives). SCP program expenditures, which are mostly funded by TSCA, are forecasted to rise in FY 2025-26.”

SUPPORT: (Verified 9/9/25)

A Voice for Choice Advocacy

American College of Obstetricians & Gynecologists - District Ix

Environmental Working Group

Los Angeles County Sanitation Districts

Natural Resources Defense Council

Planned Parenthood Affiliates of California

Womens Voices for the Earth

OPPOSITION: (Verified 9/9/25)

American Chemistry Council

American Forest & Paper Association

California Chamber of Commerce

California Manufacturers and Technology Association

Center for Baby and Adult Hygiene Products

Consumer Brands Association

Consumer Healthcare Products Association

ASSEMBLY FLOOR: 71-0, 9/9/25

AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Chen, Connolly, Davies, Dixon, Elhawary, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Castillo, DeMaio, Ellis, Flora, Johnson, Lackey, Macedo, Ta, Tangipa

Prepared by: Taylor McKie / E.Q. / (916) 651-4108

7/21/26 10:59:57

**** END ****

1. Upson, K., et. al. (2022). Menstrual products as a source of environmental chemical exposure: a review from the epidemiologic perspective. ↑

2. Singh, J., et. al. (2019). Tampon use, environmental chemicals and oxidative stress in the BioCycle study. ↑

3. Shearston, J. A., et. al. (2024). Tampons as a source of exposure to metal(loid)s. ↑

4. Abadin, H., et. al. (2007). Toxicological profile for lead. ↑

5. Ashizawa, A., et. al. (2012). Toxicological profile for cadmium. ↑

6. Chou, C. H., & Harper, C. (2007). Toxicological profile for arsenic. ↑

7. US EPA. (2025). Lead and Copper Rule. ↑

8. Berkeley Public Health. (2024). FDA launches tampon safety investigation after study finds toxic metals. ↑

 UNFINISHED BUSINESS  

Bill No: SB 754

Author: Durazo (D)

Amended: 9/3/25 in Assembly

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 8-0, 4/30/25

AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Menjivar, Padilla, Pérez

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SENATE FLOOR: 39-0, 5/27/25

AYES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

NO VOTE RECORDED: Reyes

ASSEMBLY FLOOR: 52-0, 9/9/25 – Roll call not available.

SUBJECT: Menstrual products: disposable tampons and pad products: concerning chemicals

SOURCE: Author

DIGEST:

This bill requires manufacturers of disposable tampon or pad products to maintain information regarding the concentrations of specified chemicals on and after December 31, 2026, and requires the Department of Toxic Substances Control (DTSC) to conduct relevant oversight.

Assembly Amendments

of 9/3/25 remove the deadline for DTSC to determine additional concerning chemicals, remove the authorization to determine additional concerning chemicals through Safer Consumer Products, and authorize DTSC to publish acceptable testing methods on its website.

ANALYSIS:

Existing law:

1. Requires the Department of Public Health (DPH), under the Sherman Food, Drug, and Cosmetic Law (Sherman Law), to regulate the manufacturing, distribution, and labeling of various drugs, devices, and cosmetics, including menstrual products. (Health and Safety Code (HSC) §109875, et seq.)
2. Requires cosmetic manufacturers, under the Safe Cosmetics Act, to submit to DPH a list of its cosmetic products sold in California that contain any ingredient that is a chemical identified as causing cancer or reproductive toxicity. (HSC §111792)
3. Under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) (HSC § 25249.5 et seq.):
   1. Prohibits a person, in the course of doing business, from knowingly discharging or releasing a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water;
   2. Prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual; and
   3. Requires the Governor to publish a list of chemicals known to cause cancer or reproductive toxicity and to annually revise the list.
4. Under the Safer Consumer Products (Green Chemistry) statutes (HSC § 25252 et seq.):
   1. Requires DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified;
   2. Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern; and
   3. Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product.
5. Requires, under the Menstrual Products Right to Know Act of 2020, a package containing menstrual products manufactured on or after January 1, 2023, for sale or distribution in the state to be labeled with all ingredients in the product by weight and this information to be posted on the internet. (HSC § 111822)
6. Prohibits any person from manufacturing, distributing, selling, or offering for sale any menstrual product that contains PFAS and requires manufacturers to provide specified information to DTSC. (HSC § 25258)

This bill:

1. Requires manufacturers of disposable tampons or pad products to maintain information regarding the concentrations of four specified toxic metals on and after December 31, 2026.
2. Authorizes DTSC to determine additional chemicals of concern in disposable tampons or pad products and publish a list on its website.
3. Requires manufacturers of disposable tampons or pad products to maintain information regarding the concentrations of any additional chemicals of concern determined by DTSC.
4. Authorizes DTSC to public acceptable testing methods, testing frequencies, and third-party laboratory accreditations to its internet website.
5. Requires manufacturers to provide technical documentation regarding testing processes and results for the four specified toxic metals and any additional chemicals of concern, upon request from the department.
6. Authorizes DTSC to conduct tests or contract with a third-party to confirm manufacturer test results.
7. Deposits any charges collected by the department into the T.A.M.P.O.N. Act Fund.
8. Requires, upon appropriation by the Legislature, funds from the T.A.M.P.O.N. Act Fund to be made available for the implementation of and oversight requirements within the proposed statute.
9. Authorizes the department to publish all available test results and potential health impacts of the specific and present chemicals of concern on the department’s website.

Background

1. What’s in menstrual products? People who menstruate have their period, on average, for about 40 years of their life. In the United States, this is approximately 72.7 million people between the ages of 15-49. During menstruation, they rely on a diverse range of menstrual products, including tampons, pads, menstrual cups, and period underwear. Exposure to harmful chemicals within menstrual products is particularly concerning because the vagina is an area with high blood flow where toxins can be taken up more efficiently than other places on the body. Of further concern, people using menstrual products are of reproductive age, thus exposure could potentially impact unborn children as well.

Harmful chemicals have been detected in menstrual products, including dioxins, polycyclic aromatic hydrocarbons, fragrances, phthalates, parabens, bisphenols, triclocarban, glyphosate, and volatile organic compounds.^[1] Processes such as bleaching the materials used in menstrual products may contribute to the presence of some of these harmful substances.^[2] Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.¹

Toxic, heavy metals may also be introduced into menstrual products through a few pathways. Some intentionally-added ingredients that function as antimicrobial agents or lubrication may include cobalt and nickel.^[3] Contamination can occur through other metals, such as lead, cadmium, and arsenic, originating from natural sources or industrial/agricultural pollution. These metals bioaccumulate into plants, such as cotton, that are used to make the absorbent core materials within menstrual products.³ Additionally, contaminants in the water used during the manufacturing process may end up in menstrual products.³

Some heavy metals, including lead, cadmium, and arsenic, are carcinogens and associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, and developmental health impacts.^[4],[5],[6] There is no safe exposure level to lead, and research has shown that the average amount of lead within tampons is approximately 6 times the action level established by the U.S. Environmental Protection Agency.^3,[7]

1. Current regulation of menstrual products. The Federal Food and Drug Administration (FDA) has broad authority to regulate medical devices for safety and effectiveness. Menstrual products are considered medical devices because they are intended to affect the function of the body. Menstrual products are not FDA approved; rather, they are registered and given clearance for marketing. Federal registration subjects these products to FDA oversight and consumer compliance tracking.

In California, DPH’s Food and Drug Branch (FDB) licenses and inspects menstrual products as medical devices. Under the Sherman Law, FDB has broad authority for licensing, inspection, enforcement, and embargoing of products. In addition, the Sherman Act provides DPH broad authority to ensure that consumer goods such as menstrual products are properly manufactured, packaged, labeled and that the products are not adulterated, misbranded, or falsely advertised. DPH adopts federal Good Manufacturing Practices and federal new drug and new device regulations. According to DPH, no violations or enforcement actions have been taken by FDB on menstrual products.

The Menstrual Products Right to Know Act of 2020 was established by AB 1989 (Cristina Garcia, Chapter 272, Statutes of 2020) to require manufacturers to include a label on menstrual products with a list of all ingredients to increase transparency of the toxic chemicals that menstrual products contained. The lists only include ingredients that are intentionally-added by the manufacturer. AB 2515 (Papan, Chapter 1008, Statutes of 2024) bans per- and polyfluoroalkyl substances (PFAS) from menstrual products and provides oversight and enforcement mechanisms through DTSC.

1. Ongoing hazard & safety assessments. Menstrual products are currently undergoing screening research in the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, administered by DTSC. SCP provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern, known as Candidate Chemicals, with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Candidate Chemicals have been identified in menstrual products and DTSC intends to release a public background document on the topic this year. Additionally, based on recent studies, the FDA has decided to commission an independent literature review and initiate a bench laboratory study to evaluate metals in tampons.^3,[8]

There are still many chemicals of concern contained within menstrual products that are both listed as intentionally-added ingredients and from contamination. Although there is still uncertainty surrounding the ability for toxic chemicals to leach out of menstrual products during menstruation and absorb through the vaginal walls, regulation could be a vehicle to obtain more data on the presence of these chemicals. Research has suggested that requiring manufacturers to test menstrual products for these chemicals could be useful in determining the extent of their presence, while studies evaluating the risks of exposure progress. This bill would increase transparency surrounding these chemicals and their potential health effects, as well as support ongoing research regarding their exposure risks.

Comments

1. Purpose of Bill. According to the author, “Tampons have existed for nearly 100 years, and pads for over 150. These products are used by 9 million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet, every few years, we learn that they might contain a new potentially harmful chemical.”

“SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to the Department of Toxic Substances Control (DTSC). This bill also allows the DTSC to publish these results along with their own analyses, providing menstruators with the information they need about the products they are using in such a sensitive area. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products.”

1. Transparency is key. With the introduction of this bill, science led to policy. If this bill is passed, the outcomes of this policy will advance science in support of public health. There are still knowledge gaps regarding the exposure risks to harmful chemicals through menstrual products and concentration thresholds at which these products could be deemed safe. Research in this area would require extensive funding to thoroughly test various products for various chemicals.

This bill shifts the financial burden of testing to the manufacturer, while also providing a mechanism to ensure transparency of all harmful chemicals within these products. This bill expands upon the Menstrual Products Right to Know Act by displaying the amounts of harmful chemicals, both intentionally-added and contamination. If DTSC publishes this information provided by manufacturers, this will allow the public to stay informed of what’s in the products they use. Furthermore, research will be informed and guided by data provided through the manufacturer.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Assembly Appropriations Committee, “Ongoing cost pressure of an unknown but potentially significant amount, possibly in the hundreds of thousands of dollars, should DTSC choose to use some or all of the authorities granted to it by this bill (Toxic Substances Control Account (TSCA), T.A.M.P.O.N. Act Fund, or other fund). While the bill does not mandate anything of DTSC, it authorizes the department to determine additional chemicals of concern, publish acceptable testing methods and third-party lab accreditations, require manufacturers to maintain specified information, conduct its own testing or contract with third-party laboratories for the testing (paid for by the manufacturer), among other tasks.”

“While the potential costs associated with these tasks are unknown and variable, for context, in fiscal year (FY) 2023-24, DTSC expended about $20 million on its SCP program (which establishes a process to identify products that contain potentially harmful chemicals and evaluate potential safer alternatives). SCP program expenditures, which are mostly funded by TSCA, are forecasted to rise in FY 2025-26.”

SUPPORT: (Verified 9/9/25)

A Voice for Choice Advocacy

American College of Obstetricians & Gynecologists - District Ix

Environmental Working Group

Los Angeles County Sanitation Districts

Natural Resources Defense Council

Planned Parenthood Affiliates of California

Womens Voices for the Earth

OPPOSITION: (Verified 9/9/25)

American Chemistry Council

American Forest & Paper Association

California Chamber of Commerce

California Manufacturers and Technology Association

Center for Baby and Adult Hygiene Products

Consumer Brands Association

Consumer Healthcare Products Association

Prepared by: Taylor McKie / E.Q. / (916) 651-4108

9/9/25 15:00:50

**** END ****

1. Upson, K., et. al. (2022). Menstrual products as a source of environmental chemical exposure: a review from the epidemiologic perspective. ↑

2. Singh, J., et. al. (2019). Tampon use, environmental chemicals and oxidative stress in the BioCycle study. ↑

3. Shearston, J. A., et. al. (2024). Tampons as a source of exposure to metal(loid)s. ↑

4. Abadin, H., et. al. (2007). Toxicological profile for lead. ↑

5. Ashizawa, A., et. al. (2012). Toxicological profile for cadmium. ↑

6. Chou, C. H., & Harper, C. (2007). Toxicological profile for arsenic. ↑

7. US EPA. (2025). Lead and Copper Rule. ↑

8. Berkeley Public Health. (2024). FDA launches tampon safety investigation after study finds toxic metals. ↑

SENATE THIRD READING

STR Bill Id:SB 754

Author:(Durazo)

As Amended Ver:September 02, 2025

Majority vote

SUMMARY

Requires a manufacturer of disposable tampons or menstrual pads to maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products and to provide that information to the Department of Toxic Substances Control (DTSC) upon request.

Major Provisions

1. Requires a manufacturer of disposable tampons or pad products to, on or before December 31, 2026, maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products.
2. Authorizes DTSC to, on or before January 1, 2027, determine additional chemicals of concern in disposable tampons or pad products and publish on its internet website a list of those chemicals.
3. Authorizes DTSC to, on or before January 1, 2028, require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of additional chemicals of concern in their products.
4. Requires a manufacturer to, upon request from DTSC, provide any technical documentation, including test methods and analytical test results, to assess the concentrations of listed chemicals in their disposable tampon or pad products.

COMMENTS

Menstruation and menstrual products: Half of the world's population has experienced or will experience menstrual bleeding, a physiologic process that occurs, on average, every 24 – 38 days over four decades of a menstruating person's life. Menstrual products are essential to managing menstrual bleeding. From menarche (average age 12 years) until menopause (average age 52 years), the average menstruator in the United States (U.S.) will use approximately 11,000 menstrual products resulting in a total of about 1,800 days (about a solid five years) of exposure to those products over a lifetime. In the U.S., sales of tampons and menstrual pads, the most commonly used menstrual products, exceeded $2.8 billion in the year 2018 alone, with nearly 600 million units sold.

Exposure from menstrual product use: According to a 2022 article published in Current Environmental Health Reports, "It is biologically plausible that environmental contaminants in contact with vaginal and vulvar epithelium can be absorbed and pass into systemic circulation." The article describes that the vaginal epithelium is comprised of a mucosal membrane that is permeable to a range of compounds, and the vagina's numerous folds increase the absorbing surface area. Furthermore, the vagina is well-vascularized and chemicals absorbed by the vagina bypass first-pass metabolism by the liver, and, therefore, directly enter systemic circulation. Because of the efficiency of vaginal absorption and systemic drug transport through this process, vaginal medication is often administered to provide prolonged, continuous drug delivery throughout the body. The list of medications administered vaginally is growing, and includes vaginal rings for hormonal contraception and hormone therapy.

By the very nature of menstruation, menstrual products are used by people of reproductive age; therefore, environmental exposure through menstrual products could potentially impact unborn children, as well as the person using the menstrual product. Also, experts are especially concerned about the effects of exposure to chemicals during phases when the body is acutely vulnerable, such as when someone gets their first period or is pregnant or is in menopause transition. During these times, the body and brain undergo major shifts, making them extra sensitive to endocrine disrupters and other chemicals.

Contaminants in menstrual products: While menstruation and its importance in environmental health has long been overlooked in epidemiological research, several recent studies, including literature reviews, have found many environmental chemicals and metals in menstrual products. For example, the authors of the study, "Chemicals in menstrual products: A systematic review," published in September 2023, in BJOG: An International Journal of Obstetrics & Gynaecology, conducted a review of the literature to determine exposure to environmental chemicals in menstrual products, and found that, "Menstrual products contained measurable levels of a range of endocrine disrupting chemicals including phthalates, phenols and parabens. This reflects a potentially important route of exposure to chemicals that can impact women's reproductive health." In addition to the chemicals mentioned above, the 2022 Current Environmental Health Reports article reported that dioxins, fragrances, bisphenols, triclocarban, glyphosate, volatile organic compounds, and other environmental chemicals have been detected in menstrual products. Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.

Toxic, heavy metals have also been found in menstrual products. The study, "Tampons as a source of exposure to metal(loid)s," published in 2024 in Environment International, found measurable concentrations of all 16 metals assessed (arsenic, barium, calcium, cadmium, cobalt, chromium, copper, iron, manganese, mercury, nickel, lead, selenium, strontium, vanadium, and zinc) in tested tampons. The authors of this study concluded, "Tampon use is a potential source of metal exposure. We detected all 16 metals in at least one sampled tampon, including some toxic metals like lead that has no "safe" exposure level." Of particular concern is that the study's authors found lead in all the tested tampons. The authors note, "There is no safe exposure level to [lead]; any proportion of [lead] that may leach out of a tampon and reach systemic circulation might contribute to negative health outcomes… [Lead] is associated with numerous adverse neurological, renal, cardiovascular, hematological, immunological, reproductive, and developmental effects. Of particular note, even low-level exposure to [lead] can result in neurobehavioral impacts in adults and children, including decreased cognitive function such as impaired attention, memory, and learning ability." The heavy metals found in tampons in the study are carcinogens, and/ or are associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, or developmental health impacts.

This bill: This bill requires a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of the metals lead, arsenic, cadmium, and zinc in their disposable tampon or pad products and to provide that information to DTSC upon request. It also authorizes DTSC to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results; and, to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on DTSC's internet website. This bill authorizes DTSC to also conduct its own tests to confirm the manufacturer's results, or to contract with third-party laboratories for that testing, and then requires the manufacturer to pay for the costs of DTSC's testing before the testing is conducted.

According to the Author

"Tampons have existed for nearly 100 years, and pads for over 150. Disposable menstrual products are used by nine million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet research consistently finds new chemicals in them.

SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to [DTSC]. This bill also allows the DTSC to publish these results along with their own analyses, providing researchers with valuable information about the concentrations of chemicals in these products. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products."

Arguments in Support

The Los Angeles County Sanitation Districts writes in support of the bill, "Harmful chemicals and toxic heavy metals have been found in menstrual products, and while some of these substances are intentionally added, others result from contamination during manufacturing. Exposure to these chemicals is linked to serious potential health issues, including cancer and reproductive harm. Menstrual products are often flushed down the drain or sent to solid waste facilities when disposed of in the trash. In landfills, these products break down and can result in chemical-laden leachate (rainwater that filters through waste), which is collected for proper treatment at wastewater treatment facilities. SB 754 would require manufacturers to disclose the concentrations of potentially harmful chemicals in their products to DTSC, making the information available to the public. As passive receivers, the Sanitation Districts believe this would help safeguard public health by enhancing transparency, while also potentially reducing the presence of these chemicals entering waste streams and the environment."

The American College of Obstetricians and Gynecologists writes in support of this bill, "As OB-GYNs, we understand the risks of prolonged exposure to toxic substances, especially when used in sensitive areas of the body such as the vaginal canal. Despite widespread use of these products by millions of Californians, particularly adolescents and underserved populations, there remains a troubling gap in testing, regulation, and transparency. SB 754 helps close that gap by establishing a proactive, science-based framework for oversight and public awareness."

Arguments in Opposition

A coalition of opponents including the California Manufacturers & Technology Association (CMTA), the American Chemistry Council, and the Consumer Healthcare Products Association, write in an "opposed unless amended" position:

"… [DTSC] is currently looking at menstrual products as part of their 2024-2026 Priority Product Work Plan via the Beauty, Personal Care, and Hygiene Products category. Additionally, in July 2024 a tampons study was released by researchers from Columbia University, University of California Berkeley and Michigan State University. In light of that study, the [United States Food and Drug Administration, or FDA] commissioned an independent contractor to undertake a thorough literature review to assess any possible links between tampon use and adverse health effects. In December 2024, FDA released its findings and did not identify any safety concerns. The FDA continues to recommend FDA-cleared tampons as a safe option for menstrual protection…

…The bill does not specify how DTSC will determine which chemicals are considered "of concern," nor does it define the scientific standards or thresholds for these decisions… Additionally, recent amendments include two criteria under DTSC's consideration of adding chemicals for evaluation. There is lack of clarity which creates uncertainty and raises the risk of shifting to arbitrary compliance expectations…

The bill mandates that manufacturers must, upon request, provide any technical documentation— including test methods and results—and also allows DTSC to conduct its own testing or outsource it to third parties. Notably, manufacturers would be required to pay for the cost of testing upfront, regardless of whether previous internal testing already demonstrates compliance. This not only duplicates efforts but imposes unpredictable financial burdens, especially for small and mid-sized manufacturers…

This proposal, if signed would go into effect January 1, 2026, however manufacturers would need to comply just 12 months later by December 31, 2026, without knowing when DTSC would come out with their list of chemicals "of concern," leaving little to no time to be in compliance.

We request the following amendments:

1. Specify the use of relevant physiological testing methods on intact products that mimic consumer use of menstrual products (e.g. such as the [FDA's] Chemical Analysis for Biocompatibility Assessment of Medical Devices or ISO10993.)
2. Remove zinc from specified chemicals list and replace with another recognized heavy metal such as mercury.
3. Remove the language that manufacturers shall pay for DTSC's testing costs.
4. Remove the language about publication of testing results on DTSC's website."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, enactment of this bill would result in ongoing cost pressure of an unknown but potentially significant amount, possibly in the hundreds of thousands of dollars, should DTSC choose to use some or all of the authorities granted to it by this bill.

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Reyes

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 5-0-2

YES: Connolly, Bauer-Kahan, Lee, McKinnor, Papan

ABS, ABST OR NV: Ellis, Castillo

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: September 02, 2025

CONSULTANT: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0001467

SENATE THIRD READING

STR Bill Id:SB 754

Author:(Durazo)

As Amended Ver:September 3, 2025

Majority vote

SUMMARY

Requires a manufacturer of disposable tampons or menstrual pads to maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products and to provide that information to the Department of Toxic Substances Control (DTSC) upon request.

Major Provisions

1. Requires a manufacturer of disposable tampons or pad products to, on or before December 31, 2026, maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products.
2. Authorizes DTSC to determine additional chemicals of concern in disposable tampons or pad products and publish on its internet website a list of those chemicals.
3. Authorizes DTSC to, require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of additional chemicals of concern in their products.
4. Requires a manufacturer to, upon request from DTSC, provide any technical documentation, including test methods and analytical test results, to assess the concentrations of listed chemicals in their disposable tampon or pad products.

COMMENTS

Menstruation and menstrual products: Half of the world's population has experienced or will experience menstrual bleeding, a physiologic process that occurs, on average, every 24 – 38 days over four decades of a menstruating person's life. Menstrual products are essential to managing menstrual bleeding. From menarche (average age 12 years) until menopause (average age 52 years), the average menstruator in the United States (U.S.) will use approximately 11,000 menstrual products resulting in a total of about 1,800 days (about a solid five years) of exposure to those products over a lifetime. In the U.S., sales of tampons and menstrual pads, the most commonly used menstrual products, exceeded $2.8 billion in the year 2018 alone, with nearly 600 million units sold.

Exposure from menstrual product use: According to a 2022 article published in Current Environmental Health Reports, "It is biologically plausible that environmental contaminants in contact with vaginal and vulvar epithelium can be absorbed and pass into systemic circulation." The article describes that the vaginal epithelium is comprised of a mucosal membrane that is permeable to a range of compounds, and the vagina's numerous folds increase the absorbing surface area. Furthermore, the vagina is well-vascularized and chemicals absorbed by the vagina bypass first-pass metabolism by the liver, and, therefore, directly enter systemic circulation. Because of the efficiency of vaginal absorption and systemic drug transport through this process, vaginal medication is often administered to provide prolonged, continuous drug delivery throughout the body. The list of medications administered vaginally is growing, and includes vaginal rings for hormonal contraception and hormone therapy.

By the very nature of menstruation, menstrual products are used by people of reproductive age; therefore, environmental exposure through menstrual products could potentially impact unborn children, as well as the person using the menstrual product. Also, experts are especially concerned about the effects of exposure to chemicals during phases when the body is acutely vulnerable, such as when someone gets their first period or is pregnant or is in menopause transition. During these times, the body and brain undergo major shifts, making them extra sensitive to endocrine disrupters and other chemicals.

Contaminants in menstrual products: While menstruation and its importance in environmental health has long been overlooked in epidemiological research, several recent studies, including literature reviews, have found many environmental chemicals and metals in menstrual products. For example, the authors of the study, "Chemicals in menstrual products: A systematic review," published in September 2023, in BJOG: An International Journal of Obstetrics & Gynaecology, conducted a review of the literature to determine exposure to environmental chemicals in menstrual products, and found that, "Menstrual products contained measurable levels of a range of endocrine disrupting chemicals including phthalates, phenols and parabens. This reflects a potentially important route of exposure to chemicals that can impact women's reproductive health." In addition to the chemicals mentioned above, the 2022 Current Environmental Health Reports article reported that dioxins, fragrances, bisphenols, triclocarban, glyphosate, volatile organic compounds, and other environmental chemicals have been detected in menstrual products. Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.

Toxic, heavy metals have also been found in menstrual products. The study, "Tampons as a source of exposure to metal(loid)s," published in 2024 in Environment International, found measurable concentrations of all 16 metals assessed (arsenic, barium, calcium, cadmium, cobalt, chromium, copper, iron, manganese, mercury, nickel, lead, selenium, strontium, vanadium, and zinc) in tested tampons. The authors of this study concluded, "Tampon use is a potential source of metal exposure. We detected all 16 metals in at least one sampled tampon, including some toxic metals like lead that has no "safe" exposure level." Of particular concern is that the study's authors found lead in all the tested tampons. The authors note, "There is no safe exposure level to [lead]; any proportion of [lead] that may leach out of a tampon and reach systemic circulation might contribute to negative health outcomes… [Lead] is associated with numerous adverse neurological, renal, cardiovascular, hematological, immunological, reproductive, and developmental effects. Of particular note, even low-level exposure to [lead] can result in neurobehavioral impacts in adults and children, including decreased cognitive function such as impaired attention, memory, and learning ability." The heavy metals found in tampons in the study are carcinogens, and/ or are associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, or developmental health impacts.

This bill: This bill requires a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of the metals lead, arsenic, cadmium, and zinc in their disposable tampon or pad products and to provide that information to DTSC upon request. It also authorizes DTSC to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results; and, to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on DTSC's internet website. This bill authorizes DTSC to also conduct its own tests to confirm the manufacturer's results, or to contract with third-party laboratories for that testing, and then requires the manufacturer to pay for the costs of DTSC's testing before the testing is conducted.

According to the Author

"Tampons have existed for nearly 100 years, and pads for over 150. Disposable menstrual products are used by 9 million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet research consistently finds new chemicals in them.

SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to [DTSC]. This bill also allows the DTSC to publish these results along with their own analyses, providing researchers with valuable information about the concentrations of chemicals in these products. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products."

Arguments in Support

The Los Angeles County Sanitation Districts writes in support of the bill, "Harmful chemicals and toxic heavy metals have been found in menstrual products, and while some of these substances are intentionally added, others result from contamination during manufacturing. Exposure to these chemicals is linked to serious potential health issues, including cancer and reproductive harm. Menstrual products are often flushed down the drain or sent to solid waste facilities when disposed of in the trash. In landfills, these products break down and can result in chemical-laden leachate (rainwater that filters through waste), which is collected for proper treatment at wastewater treatment facilities. SB 754 would require manufacturers to disclose the concentrations of potentially harmful chemicals in their products to DTSC, making the information available to the public. As passive receivers, the Sanitation Districts believe this would help safeguard public health by enhancing transparency, while also potentially reducing the presence of these chemicals entering waste streams and the environment."

The American College of Obstetricians and Gynecologists writes in support of this bill, "As OB-GYNs, we understand the risks of prolonged exposure to toxic substances, especially when used in sensitive areas of the body such as the vaginal canal. Despite widespread use of these products by millions of Californians, particularly adolescents and underserved populations, there remains a troubling gap in testing, regulation, and transparency. SB 754 helps close that gap by establishing a proactive, science-based framework for oversight and public awareness."

Arguments in Opposition

A coalition of opponents including the California Manufacturers & Technology Association (CMTA), the American Chemistry Council, and the Consumer Healthcare Products Association, write in an "opposed unless amended" position:

"… [DTSC] is currently looking at menstrual products as part of their 2024-2026 Priority Product Work Plan via the Beauty, Personal Care, and Hygiene Products category. Additionally, in July 2024 a tampons study was released by researchers from Columbia University, University of California Berkeley and Michigan State University. In light of that study, the [United States Food and Drug Administration, or FDA] commissioned an independent contractor to undertake a thorough literature review to assess any possible links between tampon use and adverse health effects. In December 2024, FDA released its findings and did not identify any safety concerns. The FDA continues to recommend FDA-cleared tampons as a safe option for menstrual protection…

…The bill does not specify how DTSC will determine which chemicals are considered "of concern," nor does it define the scientific standards or thresholds for these decisions… Additionally, recent amendments include two criteria under DTSC’s consideration of adding chemicals for evaluation. There is lack of clarity which creates uncertainty and raises the risk of shifting to arbitrary compliance expectations…

The bill mandates that manufacturers must, upon request, provide any technical documentation— including test methods and results—and also allows DTSC to conduct its own testing or outsource it to third parties. Notably, manufacturers would be required to pay for the cost of testing upfront, regardless of whether previous internal testing already demonstrates compliance. This not only duplicates efforts but imposes unpredictable financial burdens, especially for small and mid-sized manufacturers…

This proposal, if signed would go into effect January 1, 2026, however manufacturers would need to comply just twelve months later by December 31, 2026, without knowing when DTSC would come out with their list of chemicals "of concern," leaving little to no time to be in compliance.

We request the following amendments:

1. Specify the use of relevant physiological testing methods on intact products that mimic consumer use of menstrual products (e.g. such as the [FDA's] Chemical Analysis for Biocompatibility Assessment of Medical Devices or ISO10993.)
2. Remove zinc from specified chemicals list and replace with another recognized heavy metal such as mercury.
3. Remove the language that manufacturers shall pay for DTSC's testing costs.
4. Remove the language about publication of testing results on DTSC’s website."

FISCAL COMMENTS

No state costs. This bill creates a state mandate only because it expands the crime of perjury and, therefore, is not reimbursable by the state.

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Reyes

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 5-0-2

YES: Connolly, Bauer-Kahan, Lee, McKinnor, Papan

ABS, ABST OR NV: Ellis, Castillo

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: September 3, 2025

CONSULTANT: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0001626

SENATE THIRD READING

STR Bill Id:SB 754

Author:(Durazo)

As Amended Ver:September 02, 2025

Majority vote

SUMMARY

Requires a manufacturer of disposable tampons or menstrual pads to maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products and to provide that information to the Department of Toxic Substances Control (DTSC) upon request.

Major Provisions

1. Requires a manufacturer of disposable tampons or pad products to, on or before December 31, 2026, maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products.
2. Authorizes DTSC to, on or before January 1, 2027, determine additional chemicals of concern in disposable tampons or pad products and publish on its internet website a list of those chemicals.
3. Authorizes DTSC to, on or before January 1, 2028, require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of additional chemicals of concern in their products.
4. Requires a manufacturer to, upon request from DTSC, provide any technical documentation, including test methods and analytical test results, to assess the concentrations of listed chemicals in their disposable tampon or pad products.

COMMENTS

Menstruation and menstrual products: Half of the world's population has experienced or will experience menstrual bleeding, a physiologic process that occurs, on average, every 24 – 38 days over four decades of a menstruating person's life. Menstrual products are essential to managing menstrual bleeding. From menarche (average age 12 years) until menopause (average age 52 years), the average menstruator in the United States (U.S.) will use approximately 11,000 menstrual products resulting in a total of about 1,800 days (about a solid five years) of exposure to those products over a lifetime. In the U.S., sales of tampons and menstrual pads, the most commonly used menstrual products, exceeded $2.8 billion in the year 2018 alone, with nearly 600 million units sold.

Exposure from menstrual product use: According to a 2022 article published in Current Environmental Health Reports, "It is biologically plausible that environmental contaminants in contact with vaginal and vulvar epithelium can be absorbed and pass into systemic circulation." The article describes that the vaginal epithelium is comprised of a mucosal membrane that is permeable to a range of compounds, and the vagina's numerous folds increase the absorbing surface area. Furthermore, the vagina is well-vascularized and chemicals absorbed by the vagina bypass first-pass metabolism by the liver, and, therefore, directly enter systemic circulation. Because of the efficiency of vaginal absorption and systemic drug transport through this process, vaginal medication is often administered to provide prolonged, continuous drug delivery throughout the body. The list of medications administered vaginally is growing, and includes vaginal rings for hormonal contraception and hormone therapy.

By the very nature of menstruation, menstrual products are used by people of reproductive age; therefore, environmental exposure through menstrual products could potentially impact unborn children, as well as the person using the menstrual product. Also, experts are especially concerned about the effects of exposure to chemicals during phases when the body is acutely vulnerable, such as when someone gets their first period or is pregnant or is in menopause transition. During these times, the body and brain undergo major shifts, making them extra sensitive to endocrine disrupters and other chemicals.

Contaminants in menstrual products: While menstruation and its importance in environmental health has long been overlooked in epidemiological research, several recent studies, including literature reviews, have found many environmental chemicals and metals in menstrual products. For example, the authors of the study, "Chemicals in menstrual products: A systematic review," published in September 2023, in BJOG: An International Journal of Obstetrics & Gynaecology, conducted a review of the literature to determine exposure to environmental chemicals in menstrual products, and found that, "Menstrual products contained measurable levels of a range of endocrine disrupting chemicals including phthalates, phenols and parabens. This reflects a potentially important route of exposure to chemicals that can impact women's reproductive health." In addition to the chemicals mentioned above, the 2022 Current Environmental Health Reports article reported that dioxins, fragrances, bisphenols, triclocarban, glyphosate, volatile organic compounds, and other environmental chemicals have been detected in menstrual products. Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.

Toxic, heavy metals have also been found in menstrual products. The study, "Tampons as a source of exposure to metal(loid)s," published in 2024 in Environment International, found measurable concentrations of all 16 metals assessed (arsenic, barium, calcium, cadmium, cobalt, chromium, copper, iron, manganese, mercury, nickel, lead, selenium, strontium, vanadium, and zinc) in tested tampons. The authors of this study concluded, "Tampon use is a potential source of metal exposure. We detected all 16 metals in at least one sampled tampon, including some toxic metals like lead that has no "safe" exposure level." Of particular concern is that the study's authors found lead in all the tested tampons. The authors note, "There is no safe exposure level to [lead]; any proportion of [lead] that may leach out of a tampon and reach systemic circulation might contribute to negative health outcomes… [Lead] is associated with numerous adverse neurological, renal, cardiovascular, hematological, immunological, reproductive, and developmental effects. Of particular note, even low-level exposure to [lead] can result in neurobehavioral impacts in adults and children, including decreased cognitive function such as impaired attention, memory, and learning ability." The heavy metals found in tampons in the study are carcinogens, and/ or are associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, or developmental health impacts.

This bill: This bill requires a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of the metals lead, arsenic, cadmium, and zinc in their disposable tampon or pad products and to provide that information to DTSC upon request. It also authorizes DTSC to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results; and, to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on DTSC's internet website. This bill authorizes DTSC to also conduct its own tests to confirm the manufacturer's results, or to contract with third-party laboratories for that testing, and then requires the manufacturer to pay for the costs of DTSC's testing before the testing is conducted.

According to the Author

"Tampons have existed for nearly 100 years, and pads for over 150. Disposable menstrual products are used by nine million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet research consistently finds new chemicals in them.

SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to [DTSC]. This bill also allows the DTSC to publish these results along with their own analyses, providing researchers with valuable information about the concentrations of chemicals in these products. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products."

Arguments in Support

The Los Angeles County Sanitation Districts writes in support of the bill, "Harmful chemicals and toxic heavy metals have been found in menstrual products, and while some of these substances are intentionally added, others result from contamination during manufacturing. Exposure to these chemicals is linked to serious potential health issues, including cancer and reproductive harm. Menstrual products are often flushed down the drain or sent to solid waste facilities when disposed of in the trash. In landfills, these products break down and can result in chemical-laden leachate (rainwater that filters through waste), which is collected for proper treatment at wastewater treatment facilities. SB 754 would require manufacturers to disclose the concentrations of potentially harmful chemicals in their products to DTSC, making the information available to the public. As passive receivers, the Sanitation Districts believe this would help safeguard public health by enhancing transparency, while also potentially reducing the presence of these chemicals entering waste streams and the environment."

The American College of Obstetricians and Gynecologists writes in support of this bill, "As OB-GYNs, we understand the risks of prolonged exposure to toxic substances, especially when used in sensitive areas of the body such as the vaginal canal. Despite widespread use of these products by millions of Californians, particularly adolescents and underserved populations, there remains a troubling gap in testing, regulation, and transparency. SB 754 helps close that gap by establishing a proactive, science-based framework for oversight and public awareness."

Arguments in Opposition

A coalition of opponents including the California Manufacturers & Technology Association (CMTA), the American Chemistry Council, and the Consumer Healthcare Products Association, write in an "opposed unless amended" position:

"… [DTSC] is currently looking at menstrual products as part of their 2024-2026 Priority Product Work Plan via the Beauty, Personal Care, and Hygiene Products category. Additionally, in July 2024 a tampons study was released by researchers from Columbia University, University of California Berkeley and Michigan State University. In light of that study, the [United States Food and Drug Administration, or FDA] commissioned an independent contractor to undertake a thorough literature review to assess any possible links between tampon use and adverse health effects. In December 2024, FDA released its findings and did not identify any safety concerns. The FDA continues to recommend FDA-cleared tampons as a safe option for menstrual protection…

…The bill does not specify how DTSC will determine which chemicals are considered "of concern," nor does it define the scientific standards or thresholds for these decisions… Additionally, recent amendments include two criteria under DTSC's consideration of adding chemicals for evaluation. There is lack of clarity which creates uncertainty and raises the risk of shifting to arbitrary compliance expectations…

The bill mandates that manufacturers must, upon request, provide any technical documentation— including test methods and results—and also allows DTSC to conduct its own testing or outsource it to third parties. Notably, manufacturers would be required to pay for the cost of testing upfront, regardless of whether previous internal testing already demonstrates compliance. This not only duplicates efforts but imposes unpredictable financial burdens, especially for small and mid-sized manufacturers…

This proposal, if signed would go into effect January 1, 2026, however manufacturers would need to comply just 12 months later by December 31, 2026, without knowing when DTSC would come out with their list of chemicals "of concern," leaving little to no time to be in compliance.

We request the following amendments:

1. Specify the use of relevant physiological testing methods on intact products that mimic consumer use of menstrual products (e.g. such as the [FDA's] Chemical Analysis for Biocompatibility Assessment of Medical Devices or ISO10993.)
2. Remove zinc from specified chemicals list and replace with another recognized heavy metal such as mercury.
3. Remove the language that manufacturers shall pay for DTSC's testing costs.
4. Remove the language about publication of testing results on DTSC's website."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, enactment of this bill would result in ongoing cost pressure of an unknown but potentially significant amount, possibly in the hundreds of thousands of dollars, should DTSC choose to use some or all of the authorities granted to it by this bill.

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Reyes

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 5-0-2

YES: Connolly, Bauer-Kahan, Lee, McKinnor, Papan

ABS, ABST OR NV: Ellis, Castillo

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: September 02, 2025

CONSULTANT: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0001467

SENATE THIRD READING

STR Bill Id:SB 754

Author:(Durazo)

As Amended Ver:September 3, 2025

Majority vote

SUMMARY

Requires a manufacturer of disposable tampons or menstrual pads to maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products and to provide that information to the Department of Toxic Substances Control (DTSC) upon request.

Major Provisions

1. Requires a manufacturer of disposable tampons or pad products to, on or before December 31, 2026, maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products.
2. Authorizes DTSC to determine additional chemicals of concern in disposable tampons or pad products and publish on its internet website a list of those chemicals.
3. Authorizes DTSC to, require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of additional chemicals of concern in their products.
4. Requires a manufacturer to, upon request from DTSC, provide any technical documentation, including test methods and analytical test results, to assess the concentrations of listed chemicals in their disposable tampon or pad products.

COMMENTS

Menstruation and menstrual products: Half of the world's population has experienced or will experience menstrual bleeding, a physiologic process that occurs, on average, every 24 – 38 days over four decades of a menstruating person's life. Menstrual products are essential to managing menstrual bleeding. From menarche (average age 12 years) until menopause (average age 52 years), the average menstruator in the United States (U.S.) will use approximately 11,000 menstrual products resulting in a total of about 1,800 days (about a solid five years) of exposure to those products over a lifetime. In the U.S., sales of tampons and menstrual pads, the most commonly used menstrual products, exceeded $2.8 billion in the year 2018 alone, with nearly 600 million units sold.

Exposure from menstrual product use: According to a 2022 article published in Current Environmental Health Reports, "It is biologically plausible that environmental contaminants in contact with vaginal and vulvar epithelium can be absorbed and pass into systemic circulation." The article describes that the vaginal epithelium is comprised of a mucosal membrane that is permeable to a range of compounds, and the vagina's numerous folds increase the absorbing surface area. Furthermore, the vagina is well-vascularized and chemicals absorbed by the vagina bypass first-pass metabolism by the liver, and, therefore, directly enter systemic circulation. Because of the efficiency of vaginal absorption and systemic drug transport through this process, vaginal medication is often administered to provide prolonged, continuous drug delivery throughout the body. The list of medications administered vaginally is growing, and includes vaginal rings for hormonal contraception and hormone therapy.

By the very nature of menstruation, menstrual products are used by people of reproductive age; therefore, environmental exposure through menstrual products could potentially impact unborn children, as well as the person using the menstrual product. Also, experts are especially concerned about the effects of exposure to chemicals during phases when the body is acutely vulnerable, such as when someone gets their first period or is pregnant or is in menopause transition. During these times, the body and brain undergo major shifts, making them extra sensitive to endocrine disrupters and other chemicals.

Contaminants in menstrual products: While menstruation and its importance in environmental health has long been overlooked in epidemiological research, several recent studies, including literature reviews, have found many environmental chemicals and metals in menstrual products. For example, the authors of the study, "Chemicals in menstrual products: A systematic review," published in September 2023, in BJOG: An International Journal of Obstetrics & Gynaecology, conducted a review of the literature to determine exposure to environmental chemicals in menstrual products, and found that, "Menstrual products contained measurable levels of a range of endocrine disrupting chemicals including phthalates, phenols and parabens. This reflects a potentially important route of exposure to chemicals that can impact women's reproductive health." In addition to the chemicals mentioned above, the 2022 Current Environmental Health Reports article reported that dioxins, fragrances, bisphenols, triclocarban, glyphosate, volatile organic compounds, and other environmental chemicals have been detected in menstrual products. Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.

Toxic, heavy metals have also been found in menstrual products. The study, "Tampons as a source of exposure to metal(loid)s," published in 2024 in Environment International, found measurable concentrations of all 16 metals assessed (arsenic, barium, calcium, cadmium, cobalt, chromium, copper, iron, manganese, mercury, nickel, lead, selenium, strontium, vanadium, and zinc) in tested tampons. The authors of this study concluded, "Tampon use is a potential source of metal exposure. We detected all 16 metals in at least one sampled tampon, including some toxic metals like lead that has no "safe" exposure level." Of particular concern is that the study's authors found lead in all the tested tampons. The authors note, "There is no safe exposure level to [lead]; any proportion of [lead] that may leach out of a tampon and reach systemic circulation might contribute to negative health outcomes… [Lead] is associated with numerous adverse neurological, renal, cardiovascular, hematological, immunological, reproductive, and developmental effects. Of particular note, even low-level exposure to [lead] can result in neurobehavioral impacts in adults and children, including decreased cognitive function such as impaired attention, memory, and learning ability." The heavy metals found in tampons in the study are carcinogens, and/ or are associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, or developmental health impacts.

This bill: This bill requires a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of the metals lead, arsenic, cadmium, and zinc in their disposable tampon or pad products and to provide that information to DTSC upon request. It also authorizes DTSC to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results; and, to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on DTSC's internet website. This bill authorizes DTSC to also conduct its own tests to confirm the manufacturer's results, or to contract with third-party laboratories for that testing, and then requires the manufacturer to pay for the costs of DTSC's testing before the testing is conducted.

According to the Author

"Tampons have existed for nearly 100 years, and pads for over 150. Disposable menstrual products are used by 9 million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet research consistently finds new chemicals in them.

SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to [DTSC]. This bill also allows the DTSC to publish these results along with their own analyses, providing researchers with valuable information about the concentrations of chemicals in these products. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products."

Arguments in Support

The Los Angeles County Sanitation Districts writes in support of the bill, "Harmful chemicals and toxic heavy metals have been found in menstrual products, and while some of these substances are intentionally added, others result from contamination during manufacturing. Exposure to these chemicals is linked to serious potential health issues, including cancer and reproductive harm. Menstrual products are often flushed down the drain or sent to solid waste facilities when disposed of in the trash. In landfills, these products break down and can result in chemical-laden leachate (rainwater that filters through waste), which is collected for proper treatment at wastewater treatment facilities. SB 754 would require manufacturers to disclose the concentrations of potentially harmful chemicals in their products to DTSC, making the information available to the public. As passive receivers, the Sanitation Districts believe this would help safeguard public health by enhancing transparency, while also potentially reducing the presence of these chemicals entering waste streams and the environment."

The American College of Obstetricians and Gynecologists writes in support of this bill, "As OB-GYNs, we understand the risks of prolonged exposure to toxic substances, especially when used in sensitive areas of the body such as the vaginal canal. Despite widespread use of these products by millions of Californians, particularly adolescents and underserved populations, there remains a troubling gap in testing, regulation, and transparency. SB 754 helps close that gap by establishing a proactive, science-based framework for oversight and public awareness."

Arguments in Opposition

A coalition of opponents including the California Manufacturers & Technology Association (CMTA), the American Chemistry Council, and the Consumer Healthcare Products Association, write in an "opposed unless amended" position:

"… [DTSC] is currently looking at menstrual products as part of their 2024-2026 Priority Product Work Plan via the Beauty, Personal Care, and Hygiene Products category. Additionally, in July 2024 a tampons study was released by researchers from Columbia University, University of California Berkeley and Michigan State University. In light of that study, the [United States Food and Drug Administration, or FDA] commissioned an independent contractor to undertake a thorough literature review to assess any possible links between tampon use and adverse health effects. In December 2024, FDA released its findings and did not identify any safety concerns. The FDA continues to recommend FDA-cleared tampons as a safe option for menstrual protection…

…The bill does not specify how DTSC will determine which chemicals are considered "of concern," nor does it define the scientific standards or thresholds for these decisions… Additionally, recent amendments include two criteria under DTSC’s consideration of adding chemicals for evaluation. There is lack of clarity which creates uncertainty and raises the risk of shifting to arbitrary compliance expectations…

The bill mandates that manufacturers must, upon request, provide any technical documentation— including test methods and results—and also allows DTSC to conduct its own testing or outsource it to third parties. Notably, manufacturers would be required to pay for the cost of testing upfront, regardless of whether previous internal testing already demonstrates compliance. This not only duplicates efforts but imposes unpredictable financial burdens, especially for small and mid-sized manufacturers…

This proposal, if signed would go into effect January 1, 2026, however manufacturers would need to comply just twelve months later by December 31, 2026, without knowing when DTSC would come out with their list of chemicals "of concern," leaving little to no time to be in compliance.

We request the following amendments:

1. Specify the use of relevant physiological testing methods on intact products that mimic consumer use of menstrual products (e.g. such as the [FDA's] Chemical Analysis for Biocompatibility Assessment of Medical Devices or ISO10993.)
2. Remove zinc from specified chemicals list and replace with another recognized heavy metal such as mercury.
3. Remove the language that manufacturers shall pay for DTSC's testing costs.
4. Remove the language about publication of testing results on DTSC’s website."

FISCAL COMMENTS

According to the Assembly Appropriations Committee, enactment of this bill would result in ongoing cost pressure of an unknown but potentially significant amount, possibly in the hundreds of thousands of dollars, should DTSC choose to use some or all of the authorities granted to it by this bill.

VOTES

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Ashby, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Grove, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Richardson, Rubio, Seyarto, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener

ABS, ABST OR NV: Reyes

ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 5-0-2

YES: Connolly, Bauer-Kahan, Lee, McKinnor, Papan

ABS, ABST OR NV: Ellis, Castillo

ASM APPROPRIATIONS: 11-0-4

YES: Wicks, Arambula, Calderon, Caloza, Elhawary, Fong, Mark González, Ahrens, Pacheco, Pellerin, Solache

ABS, ABST OR NV: Sanchez, Dixon, Ta, Tangipa

UPDATED

VERSION: September 3, 2025

CONSULTANT: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0001626

Date of Hearing: August 20, 2025

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 754

Author:(Durazo) – As Amended Ver:June 24, 2025

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires a manufacturer of disposable tampons or menstrual pads to maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products and to provide that information to the Department of Toxic Substances Control (DTSC) upon request.

Specifically, this bill, among other things:

1. Requires a manufacturer of disposable tampons or pad products, by December 31, 2026, to maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products.
2. Authorizes DTSC, by January 1, 2027, to determine additional chemicals of concern in disposable tampons or pad products and publish on its website a list of those chemicals. Authorizes DTSC to make its determination pursuant to either, or both, of the following:
   1. The Safer Consumer Products (SCP) Regulations.
   2. A finding that both of the following criteria have been met: (i) the chemical of concern has been present or detected in disposable tampon or pad products and (ii) the chemical of concern has been found to have adverse public health impacts.
3. Authorizes DTSC, by January 1, 2028, to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of additional chemicals of concern as determined by DTSC, as described above.
4. Authorizes DTSC to publish on its website a list of acceptable testing methods (which the department may update as necessary), frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for the presence of chemicals of concern, as follows: (a) for lead, arsenic, cadmium, and zinc, by July 31, 2026, and (b) for additional chemicals determined by DTSC, by January 1, 2027.
5. Requires a manufacturer, upon request from DTSC, to provide any technical documentation to assess the concentrations of listed chemicals in their disposable tampon or pad products, as specified. Authorizes DTSC to also conduct its own tests to confirm the manufacturer’s results, or to contract with third-party laboratories for that testing, and to pay for the costs of DTSC's testing before the testing is conducted.
6. Requires any charges collected by DTSC pursuant to this bill be deposited into the existing Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act Fund and be made available, upon appropriation, to DTSC for purposes of implementing this bill, as specified.
7. Authorizes DTSC to publish any analytical test results received from manufacturers or obtained through its own testing and to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on DTSC's website.

FISCAL EFFECT:

Ongoing cost pressure of an unknown but potentially significant amount, possibly in the hundreds of thousands of dollars, should DTSC choose to use some or all of the authorities granted to it by this bill (Toxic Substances Control Account (TSCA), T.A.M.P.O.N. Act Fund, or other fund). While the bill does not mandate anything of DTSC, it authorizes the department to determine additional chemicals of concern, publish acceptable testing methods and third-party lab accreditations, require manufacturers to maintain specified information, conduct its own testing or contract with third-party laboratories for the testing (paid for by the manufacturer), among other tasks.

While the potential costs associated with these tasks are unknown and variable, for context, in fiscal year (FY) 2023-24, DTSC expended about $20 million on its SCP program (which establishes a process to identify products that contain potentially harmful chemicals and evaluate potential safer alternatives). SCP program expenditures, which are mostly funded by TSCA, are forecasted to rise in FY 2025-26.

COMMENTS:

1) Purpose. According to the author:

Disposable menstrual products are used by 9 million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet research consistently finds new chemicals in them. SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to [DTSC]. This bill also allows the DTSC to publish these results along with their own analyses, providing researchers with valuable information about the concentrations of chemicals in these products. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products.

2) Background. As detailed in the Assembly Environmental Safety and Toxic Materials Committee’s analysis of this bill, several recent studies, including literature reviews, have found many environmental chemicals and metals in menstrual products – many of which have been associated with cancer, endocrine disruption, and reproductive effects.

Due to increased awareness and concern about toxics in menstrual products, AB 2515 (Papan), Chapter 1008, Statutes of 2024, was recently signed into law. AB 2515 prohibits a person from manufacturing, distributing, selling, or offering for sale any menstrual product that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS). AB 1989 (Garcia), Chapter 272, Statutes of 2020, requires a package containing menstrual products manufactured on or after January 1, 2023, to have printed on the label (and on a website) a plain and conspicuous list of all ingredients, as defined, in the product, by weight. The author’s office contends AB 1989 does not include unintended contaminants, such as lead, that pose significant health risks. DTSC notes it is conducting screening research on menstrual products, including pads and tampons, for the presence of candidate chemicals through its SCP program.

3) Support and Opposition. Among others in support, the American College of Obstetricians and Gynecologists contends that despite widespread use of menstrual products by millions of Californians, there remains a troubling “gap in testing, regulation, and transparency. SB 754 helps close that gap with a thoughtful and evidence-driven approach that will help protect public health and support informed consumer choice.”

Writing in an oppose-unless-amended position, the California Manufacturers and Technology Association and other organizations argue, among other things, that the bill does not specify how DTSC will determine which chemicals are considered “of concern,” nor does it define the scientific standards or thresholds for these decisions. The coalition also contends the bill’s testing requirements are costly and redundant and that the bill leaves manufacturers with little to no time to come into compliance. The coalition requests several amendments, including replacing zinc with another recognized heavy metal (such as mercury) and striking the requirement for manufacturers to pay for DTSC’s testing costs.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: July 1, 2025

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Damon Connolly, Chair

SBPCA Bill Id:SB 754

Author:(Durazo) – As Amended Ver:June 24, 2025

SENATE VOTE: 39-0

SUBJECT: Menstrual products: disposable tampons and pad products: chemicals of concern

SUMMARY: Requires a manufacturer of disposable tampons or menstrual pads to maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products and to provide that information to the Department of Toxic Substances Control (DTSC) upon request. Specifically, this bill:

1. Requires a manufacturer of disposable tampons or pad products to, on or before December 31, 2026, maintain information regarding the concentrations of lead, arsenic, cadmium, and zinc in their products.
2. Authorizes DTSC to, on or before January 1, 2027, determine additional chemicals of concern in disposable tampons or pad products and publish on its internet website a list of those chemicals.
3. Authorizes DTSC to make its determination of additional chemicals of concern in disposable tampons or pad products (per above) pursuant to either, or both, of the following:
   1. The Safer Consumer Products Regulations; and/ or,
   2. A finding that both of the following criteria have been met:
      1. The chemical of concern has been present or detected in disposable tampon or pad products; and,
      2. The chemical of concern has been found to have adverse public health impacts.
4. Authorizes DTSC to, on or before January 1, 2028, require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of additional chemicals of concern determined pursuant to the process delineated in (3) above.
5. Authorizes DTSC to publish on its internet website a list of acceptable testing methods, frequencies for testing, and appropriate third-party laboratory accreditations, for the testing of disposable tampon or pad products for the presence of chemicals of concern, as follows:
   1. For lead, arsenic, cadmium, and zinc, on or before July 31, 2026; and,
   2. For additional chemicals determined by the DTSC, on or before January 1, 2027.
6. Authorizes DTSC to update the list of accepted testing methods as it deems necessary.
7. Requires a manufacturer to, upon request from DTSC, provide any technical documentation, including test methods and analytical test results, to assess the concentrations of listed chemicals in their disposable tampon or pad products.
8. Authorizes DTSC to also conduct its own tests to confirm the manufacturer’s results, or to contract with third-party laboratories for that testing. Requires the manufacturer to pay for the costs of DTSC's testing of the manufacturer’s products before the testing is conducted.
9. Requires that any charges collected by DTSC pursuant to this bill be deposited into the existing Take All Menstrual Product-PFAS Out Now (T.A.M.P.O.N.) Act Fund, to be made available, upon appropriation by the Legislature, to DTSC for the purposes of implementing the provisions of this bill, including, but not limited to, the administration of chemical testing pursuant to, and the oversight of manufacturers’ compliance with, this bill.
10. Authorizes DTSC to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results; and, to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on DTSC's internet website.

EXISTING LAW:

1. Under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65):
   1. Prohibits a person, in the course of doing business, from knowingly discharging or releasing a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water;
   2. Prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual; and
   3. Requires the Governor to publish a list of chemicals known to cause cancer or reproductive toxicity and to annually revise the list. (Health and Safety Code (HSC) § 25249.5 et seq.)
2. Under the Safer Consumer Products (Green Chemistry) statutes:
   1. Requires DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified;
   2. Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern; and,
   3. Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product. (HSC § 25252, et seq.)
3. Prohibits, under the T.A.M.P.O.N. Act, a person from manufacturing, distributing, selling, or offering for sale any menstrual product that contains perfluoroalkyl and polyfluoroalkyl substances (PFAS); requires manufacturers of menstrual products to provide specified information to DTSC; and, requires DTSC to adopt regulations to implement, interpret, and enforce this prohibition. (HSC § 25258, et seq.)
4. Requires a package or box containing menstrual products manufactured on or after January 1, 2023, for sale or distribution in the state to be labeled with all intentionally added ingredients in the product by weight and requires this information to be posted on the internet. (HSC § 111822, et seq.)
5. Under Safer Consumer Product (Green Chemistry) Regulations:
   1. Identifies a chemical as a candidate chemical if it exhibits a hazard trait and/or an environmental or toxicological endpoint, and meets one or both of the following criteria:
      1. The chemical is on one or more of specified lists; and/ or,
      2. The chemical is one or more of specified types of chemicals (e.g. chemicals for which primary maximum contaminant levels have been established and adopted; chemicals identified as toxic air contaminants; chemicals that are identified as priority pollutants in California water quality control plans; priority chemicals that are identified under the California Environmental Contaminant Biomonitoring Program). (22 California Code of Regulation (CCR) § 69502.2)
   2. Designates a candidate chemical that is the basis for a product-chemical combination being listed as a priority product as a chemical of concern for that product. (22 CCR§ 69503.5(b)(2)(B))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author, "Tampons have existed for nearly 100 years, and pads for over 150. Disposable menstrual products are used by 9 million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet research consistently finds new chemicals in them.

SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to [DTSC]. This bill also allows the DTSC to publish these results along with their own analyses, providing researchers with valuable information about the concentrations of chemicals in these products. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products."

Menstruation and menstrual products: Half of the world's population has experienced or will experience menstrual bleeding, a physiologic process that occurs, on average, every 24 – 38 days over four decades of a menstruating person's life. Menstrual products are essential to managing menstrual bleeding. From menarche (average age 12 years) until menopause (average age 52 years), the average menstruator in the United States (U.S.) will use approximately 11,000 menstrual products resulting in a total of about 1800 days (about a solid 5 years) of exposure to those products over a lifetime. In the U.S., sales of tampons and menstrual pads, the most commonly used menstrual products, exceeded $2.8 billion in the year 2018 alone, with nearly 600 million units sold.

Exposure from menstrual product use: According to the 2022 article, "Menstrual products as a source of environmental chemical exposure: A review from the epidemiologic perspective," published in Current Environmental Health Reports, "It is biologically plausible that environmental contaminants in contact with vaginal and vulvar epithelium can be absorbed and pass into systemic circulation." The article describes that the vaginal epithelium is comprised of a mucosal membrane that is permeable to a range of compounds, and the vagina's numerous folds increase the absorbing surface area. Furthermore, the vagina is well-vascularized and chemicals absorbed by the vagina bypass first-pass metabolism by the liver, and, therefore, directly enter systemic circulation. Because of the efficiency of vaginal absorption and systemic drug transport through this process, vaginal medication is often administered to provide prolonged, continuous drug delivery throughout the body. The list of medications administered vaginally is growing, including vaginal rings for hormonal contraception and hormone therapy.

Of particular concern is the fact that, by the very nature of menstruation, menstrual products are used by people of reproductive age; therefore, environmental exposure through menstrual products could potentially impact unborn children, as well as the person using the menstrual product. Also, experts are particularly concerned about the effects of exposure to chemicals during phases when the body is especially vulnerable, such as when someone gets their first period or is pregnant or is in menopause transition. During these times, the body and brain undergo major shifts, making them extra sensitive to endocrine disrupters and other chemicals.

Contaminants in menstrual products: While menstruation and its importance in environmental health has long been overlooked in epidemiological research, several recent studies, including literature reviews, have found many environmental chemicals and metals in menstrual products. For example, the authors of the study, "Chemicals in menstrual products: A systematic review," published in September 2023, in BJOG: An International Journal of Obstetrics & Gynaecology, conducted a review of the literature to determine exposure to environmental chemicals in menstrual products, and found that, "Menstrual products contained measurable levels of a range of endocrine disrupting chemicals including phthalates, phenols and parabens. This reflects a potentially important route of exposure to chemicals that can impact women's reproductive health." In addition to the chemicals mentioned above, the 2022 Current Environmental Health Reports article reported that dioxins, fragrances, bisphenols, triclocarban, glyphosate, volatile organic compounds, and other environmental chemicals have been detected in menstrual products. Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.

Toxic, heavy metals have also been found in menstrual products. The study, "Tampons as a source of exposure to metal(loid)s," published in 2024 in Environment International, found measurable concentrations of all 16 metals assessed (arsenic, barium, calcium, cadmium, cobalt, chromium, copper, iron, manganese, mercury, nickel, lead, selenium, strontium, vanadium, and zinc) in tested tampons. The authors of this study concluded, "Tampon use is a potential source of metal exposure. We detected all 16 metals in at least one sampled tampon, including some toxic metals like lead that has no "safe" exposure level." Of particular concern is that the study's authors found lead in all the tested tampons. The authors note, "There is no safe exposure level to [lead]; any proportion of [lead] that may leach out of a tampon and reach systemic circulation might contribute to negative health outcomes… [Lead] is associated with numerous adverse neurological, renal, cardiovascular, hematological, immunological, reproductive, and developmental effects. Of particular note, even low-level exposure to [lead] can result in neurobehavioral impacts in adults and children, including decreased cognitive function such as impaired attention, memory, and learning ability." The heavy metals found in tampons in the study are carcinogens, and/ or are associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, or developmental health impacts.

How do metals get in to menstrual products? The 2023 BJOG: An International Journal of Obstetrics & Gynaecology study described that there are several routes through which metals can be introduced to tampons. First, the raw materials used in tampons, such as cotton, rayon, or viscose, may be contaminated during plant growth and production (e.g., through atmospheric deposition, wastewater application, etc.). Second, tampons may be contaminated with metals from water during the manufacturing process (e.g., water in the European Union and the U.S. is sometimes contaminated with lead). Third, metals may be intentionally added to tampons during manufacturing for various purposes, including as antimicrobial agents designed to release from the tampon when it absorbs liquid (menstrual blood), for odor control, or as lubricants to aid in smooth insertion.

Federal regulation of menstrual products: In the U.S., the Food and Drug Administration (FDA) regulates menstrual tampons and pads as medical devices. Before menstrual products can be legally sold in the U.S., they must go through the FDA’s review process to determine whether they are as safe and effective as (substantially equivalent to) legally marketed menstrual products; however, the 2023 BJOG: An International Journal of Obstetrics & Gynaecology study notes that, "[U.S.] regulations around tampons are not extensive and do not require regular product testing… there is no requirement to test tampons for chemical contaminants, and the FDA only recommends [not requires] that tampons not contain two dioxin compounds or pesticide residues."

In response to the 2023 BJOG: An International Journal of Obstetrics & Gynaecology study on tampons, the FDA commissioned an independent, systematic, literature review and initiated a laboratory study on metals in tampon materials. The FDA concluded, "Although limitations were identified in the literature review, as is common, the findings did not identify safety concerns associated with tampon use and contaminant exposure. The FDA continues to recommend FDA-cleared tampons as a safe option for use as a menstrual product." The author notes, "In the FDA’s literature review, which looked to find all research on exposure to contaminants via tampons from 2004 to 2024, they were only able to find nine studies. In the five of those studies that reported race/ethnicity, only two included Latinos, and only one included Asian Americans. Their conclusion was that 'additional studies are needed to illuminate the relationships between vaginal tampon use and exposure to contaminants.'"

Recent state action on toxics in menstrual products: Due to increased awareness and concern about toxics in menstrual products, the California legislature recently passed, and Governor Gavin Newsom signed, Assembly Bill (AB) 2515 (Papan, Chapter 1008, Statutes of 2024), which prohibits a person from manufacturing, distributing, selling, or offering for sale any menstrual product that contains regulated PFAS, and AB 1989 (Garcia, Chapter 272, Statutes of 2020), which requires a package containing menstrual products manufactured on or after January 1, 2023, to have printed on the label a plain and conspicuous list of all ingredients, as defined, in the product, by weight. AB 1989 also requires the same information to be posted on an internet website.

Administratively, DTSC implements the California Safer Consumer Products (SCP) Program, the goal of which is to advance the design, development, and use of products that are chemically safer for people and the environment. DTSC's website currently states, "We are conducting screening research on menstrual products, including pads and tampons, for the presence of Candidate Chemicals. Menstruating individuals come into intimate contact with menstrual products multiple times a month for up to 40 years over a lifespan, resulting in high exposure to Candidate Chemicals through these products. We plan to release a public background document in early 2025 and hold a public workshop to share our findings." (The SCP Regulations define a Candidate Chemical as a chemical that exhibits a "hazard trait and/or an environmental or toxicological endpoint" and is found on one or more of the authoritative lists specified). No public background document on menstrual products is currently posted on DTSC's SCP webpage, and no public workshop on this topic has been held, to the knowledge of the Committee.

According to the author's office, "In 2020, the Menstrual Products Right to Know Act (AB 1989) mandated that manufacturers disclose intentionally added ingredients in menstrual products. However, this law does not include the unintended contaminants—such as lead and phthalates—that pose significant health risks. In August of 2024, a study found average concentrations of lead in tampons at 120 ppb, when the federal limit for lead in drinking water is 15 ppb. This is concerning because the vagina is highly permeable, and chemicals absorbed vaginally bypass detoxification by the liver, which can lead to greater bioavailability compared to oral absorption. In short, despite the potential for higher absorption through the vagina than the mouth, lead concentrations in tampons were found to exceed the limit for drinking water by eight times. In addition, phthalates—linked to numerous health concerns, and associated with plastic products—have been found in higher concentrations in menstrual pads than even common commercial plastic products. These findings highlight a need for greater transparency and accountability in the menstrual product industry."

This bill: This bill requires a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of the metals lead, arsenic, cadmium, and zinc in their disposable tampon or pad products and to provide that information to DTSC upon request. It also authorizes DTSC to publish any analytical test results received from manufacturers or obtained through its own testing, along with any departmental analysis of these results; and, to provide information regarding the potential health impacts associated with the presence of specific chemicals in disposable tampon or pad products by making the information available to the public in a searchable format on DTSC's internet website. This bill authorizes DTSC to also conduct its own tests to confirm the manufacturer’s results, or to contract with third-party laboratories for that testing, and then requires the manufacturer to pay for the costs of DTSC's testing before the testing is conducted.

Arguments in support: The Los Angeles County Sanitation Districts writes in support of the bill, "Harmful chemicals and toxic heavy metals have been found in menstrual products, and while some of these substances are intentionally added, others result from contamination during manufacturing. Exposure to these chemicals is linked to serious potential health issues, including cancer and reproductive harm. Menstrual products are often flushed down the drain or sent to solid waste facilities when disposed of in the trash. In landfills, these products break down and can result in chemical-laden leachate (rainwater that filters through waste), which is collected for proper treatment at wastewater treatment facilities. SB 754 would require manufacturers to disclose the concentrations of potentially harmful chemicals in their products to DTSC, making the information available to the public. As passive receivers, the Sanitation Districts believe this would help safeguard public health by enhancing transparency, while also potentially reducing the presence of these chemicals entering waste streams and the environment."

The American College of Obstetricians and Gynecologists writes in support of this bill, "As OB-GYNs, we understand the risks of prolonged exposure to toxic substance, especially when used in sensitive areas of the body such as the vaginal canal. Despite widespread use of these products by millions of Californians, particularly adolescents and underserved populations, there remains a troubling gap in testing, regulation, and transparency. SB 754 helps close that gap by establishing a proactive, science-based framework for oversight and public awareness."

Planned Parenthood Affiliates of California (PPAC), writes in support of this bill, "PPAC supports science-based policies that aim to reduce human exposure to hazardous chemicals that have been found to cause cancer and damage to the reproductive health system and/or fetal development. PPAC also supports efforts to reduce environmental hazards that have a negative impact on public health, and particularly on reproductive health… In 2020, the Menstrual Products Right to Know Act became law (AB 1989, Chapter 272, Statutes of 2020), requiring that manufacturers of menstrual products disclose all ingredients in their products beginning in 2023. However, disclosure of intentionally added ingredients does not require disclosure of unintentional contaminants, which can include heavy metals such as lead, arsenic, and cadmium, plasticizers, volatile organic compounds, pesticides, and fragrances, among others… SB 754 takes a proactive approach to address this by facilitating monitoring and reporting of the levels of potentially dangerous chemicals in menstrual products. By requiring manufacturers to provide information to [DTSC], this bill empowers the state to better monitor chemicals of concern and ensure that menstrual products are safe for consumers. This will increase accountability and encourage manufacturers to take the necessary steps to remove or lower the concentration of potentially harmful substances in their products."

Arguments in opposition: A coalition of opponents including the California Manufacturers & Technology Association (CMTA), the American Chemistry Council, and the Consumer Healthcare Products Association, write in an "opposed unless amended" position:

"… [DTSC] is currently looking at menstrual products as part of their 2024-2026 Priority Product Work Plan via the Beauty, Personal Care, and Hygiene Products category. Additionally, in July 2024 a tampons study was released by researchers from Columbia University, University of California Berkeley and Michigan State University. In light of that study, the [FDA] commissioned an independent contractor to undertake a thorough literature review to assess any possible links between tampon use and adverse health effects. In December 2024, FDA released its findings and did not identify any safety concerns. The FDA continues to recommend FDA-cleared tampons as a safe option for menstrual protection…

SB 754 requires manufacturers, by December 31, 2026, to maintain information about the concentrations of specified chemicals, while allowing [DTSC] to determine additional chemicals of concern in disposable tampons or menstrual pads. However, the bill does not specify how DTSC will determine which chemicals are considered "of concern," nor does it define the scientific standards or thresholds for these decisions… Additionally, recent amendments include two criteria under DTSC’s consideration of adding chemicals for evaluation. There is lack of clarity which creates uncertainty and raises the risk of shifting to arbitrary compliance expectations…

The bill mandates that manufacturers must, upon request, provide any technical documentation— including test methods and results—and also allows DTSC to conduct its own testing or outsource it to third parties. Notably, manufacturers would be required to pay for the cost of testing upfront, regardless of whether previous internal testing already demonstrates compliance. This not only duplicates efforts but imposes unpredictable financial burdens, especially for small and mid-sized manufacturers…

This proposal, if signed would go into effect January 1, 2026, however manufacturers would need to comply just twelve months later by December 31, 2026, without knowing when DTSC would come out with their list of chemicals "of concern," leaving little to no time to be in compliance.

We request the following amendments:

• Specify the use of relevant physiological testing methods on intact products that mimic consumer use of menstrual products (e.g. such as the [FDA's] Chemical Analysis for Biocompatibility Assessment of Medical Devices or ISO10993.)

• Remove zinc from specified chemicals list and replace with another recognized heavy metal such as mercury.

• Remove the language that manufacturers shall pay for DTSC’s testing costs.

• Remove the language about publication of testing results on DTSC’s website."

Related legislation:

1. AB 2515 (Papan, Chapter 1008, Statutes of 2024). Prohibits a person from manufacturing, distributing, selling, or offering for sale any menstrual product that contains regulated PFAS.
2. AB 246 (Papan, 2023). Would have prohibited the manufacture, sale, delivery, or offering for sale any menstrual product that contains regulated PFAS and would have required a manufacturer to use the least toxic alternative for PFAS. This bill was vetoed by Governor Gavin Newsom.
3. AB 1989 (Garcia, Chapter 272, Statutes of 2020). Requires a package containing menstrual products manufactured on or after January 1, 2023, to have printed on the label a plain and conspicuous list of all ingredients, as defined, in the product, by weight. Requires the same information to be posted on an internet website.

REGISTERED SUPPORT / OPPOSITION:

Support

A Voice for Choice Advocacy
American College of Obstetricians & Gynecologists, District IX
Los Angeles County Sanitation Districts
Planned Parenthood Affiliates of California

Opposition

American Chemistry Council

American Forest & Paper Association

Baby and Adult Hygiene Products

California Chamber of Commerce

California Manufacturers and Technology Association

Consumer Brands Association

Consumer Healthcare Products Association

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965

 THIRD READING  

Bill No: SB 754

Author: Durazo (D)

Amended: 5/5/25

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 8-0, 4/30/25

AYES: Blakespear, Valladares, Dahle, Gonzalez, Hurtado, Menjivar, Padilla, Pérez

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/23/25

AYES: Caballero, Seyarto, Cabaldon, Grayson, Richardson, Wahab

NO VOTE RECORDED: Dahle

SUBJECT: Menstrual products: disposable tampons and pad products: chemicals of concern

SOURCE: Author

DIGEST:

This bill requires manufacturers of menstrual products to provide technical documentation assessing the concentrations of specified chemicals to the Department of Toxic Substances Control (DTSC) and requires DTSC to conduct relevant oversight.

ANALYSIS:

Existing law:

1. Requires the Department of Public Health (DPH), under the Sherman Food, Drug, and Cosmetic Law (Sherman Law), to regulate the manufacturing, distribution, and labeling of various drugs, devices, and cosmetics, including menstrual products. (Health and Safety Code (HSC) §109875, et seq.)
2. Requires cosmetic manufacturers, under the Safe Cosmetics Act, to submit to DPH a list of its cosmetic products sold in California that contain any ingredient that is a chemical identified as causing cancer or reproductive toxicity. (HSC §111792)
3. Under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) (HSC § 25249.5 et seq.):
   1. Prohibits a person, in the course of doing business, from knowingly discharging or releasing a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water;
   2. Prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual; and
   3. Requires the Governor to publish a list of chemicals known to cause cancer or reproductive toxicity and to annually revise the list.
4. Under the Safer Consumer Products (Green Chemistry) statutes (HSC § 25252 et seq.):
   1. Requires the DTSC to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified;
   2. Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern; and
   3. Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product.
5. Requires, under the Menstrual Products Right to Know Act of 2020, a package containing menstrual products manufactured on or after January 1, 2023, for sale or distribution in the state to be labeled with all ingredients in the product by weight and this information to be posted on the internet. (HSC § 111822)
6. Prohibits any person from manufacturing, distributing, selling, or offering for sale any menstrual product that contains per- and polyfluoroalkyl substances (PFAS) and requires manufacturers to provide specified information to DTSC. (HSC § 25258)

This bill:

1. Requires manufacturers of disposable tampons or pad products to maintain information regarding the concentrations of four specified toxic metals on or before December 31, 2026.
2. Authorizes DTSC to determine additional chemicals of concern in disposable tampons or pad products and publish a list on its website on or before January 1, 2027.
3. Requires manufacturers of disposable tampons or pad products to maintain information regarding the concentrations of any additional chemicals of concern determined by DTSC on or before January 1, 2028.
4. Requires manufacturers to provide technical documentation regarding testing processes and results for the four specified toxic metals and any additional chemicals of concern, upon request from the department.
5. Authorizes DTSC to conduct tests or contract with a third-party to confirm manufacturer test results.
6. Deposits any charges collected by the department into the Take All Menstrual Product PFAS Out Now (T.A.M.P.O.N.) Act Fund.
7. Requires, upon appropriation by the Legislature, funds from the T.A.M.P.O.N. Act Fund to be made available for the implementation of and oversight requirements within the proposed statute.
8. Authorizes the department to publish all available test results and potential health impacts of the specific and present chemicals of concern on the department’s website.

Background

1. What’s in menstrual products? People who menstruate have their period, on average, for about 40 years of their life. In the United States, this is approximately 72.7 million people between the ages of 15-49. During menstruation, they rely on a diverse range of menstrual products, including tampons, pads, menstrual cups, and period underwear. Exposure to harmful chemicals within menstrual products is particularly concerning because the vagina is an area with high blood flow where toxins can be taken up more efficiently than other places on the body. Of further concern, people using menstrual products are of reproductive age, thus exposure could potentially impact unborn children as well.

Harmful chemicals have been detected in menstrual products, including dioxins, polycyclic aromatic hydrocarbons, fragrances, phthalates, parabens, bisphenols, triclocarban, glyphosate, and volatile organic compounds.^[1] Processes such as bleaching the materials used in menstrual products may contribute to the presence of some of these harmful substances.^[2] Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.¹

Toxic, heavy metals may also be introduced into menstrual products through a few pathways. Some intentionally-added ingredients that function as antimicrobial agents or lubrication may include cobalt and nickel.^[3] Contamination can occur through other metals, such as lead, cadmium, and arsenic, originating from natural sources or industrial/agricultural pollution. These metals bioaccumulate into plants, such as cotton, that are used to make the absorbent core materials within menstrual products.³ Additionally, contaminants in the water used during the manufacturing process may end up in menstrual products.³

Some heavy metals, including lead, cadmium, and arsenic, are carcinogens and associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, and developmental health impacts.^[4],[5],[6] There is no safe exposure level to lead, and research has shown that the average amount of lead within tampons is approximately 6 times the action level established by the U.S. Environmental Protection Agency.^3,[7]

1. Current regulation of menstrual products. The Federal Food and Drug Administration (FDA) has broad authority to regulate medical devices for safety and effectiveness. Menstrual products are considered medical devices because they are intended to affect the function of the body. Menstrual products are not FDA approved; rather, they are registered and given clearance for marketing. Federal registration subjects these products to FDA oversight and consumer compliance tracking.

In California, DPH’s Food and Drug Branch (FDB) licenses and inspects menstrual products as medical devices. Under the Sherman Law, FDB has broad authority for licensing, inspection, enforcement, and embargoing of products. In addition, the Sherman Act provides DPH broad authority to ensure that consumer goods such as menstrual products are properly manufactured, packaged, labeled and that the products are not adulterated, misbranded, or falsely advertised. DPH adopts federal Good Manufacturing Practices and federal new drug and new device regulations. According to DPH, no violations or enforcement actions have been taken by FDB on menstrual products.

The Menstrual Products Right to Know Act of 2020 was established by AB 1989 (Cristina Garcia, Chapter 272, Statutes of 2020) to require manufacturers to include a label on menstrual products with a list of all ingredients to increase transparency of the toxic chemicals that menstrual products contained. The lists only include ingredients that are intentionally-added by the manufacturer. AB 2515 (Papan, Chapter 1008, Statutes of 2024) bans per- and polyfluoroalkyl substances (PFAS) from menstrual products and provides oversight and enforcement mechanisms through DTSC.

1. Ongoing hazard & safety assessments. Menstrual products are currently undergoing screening research in the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, administered by DTSC. SCP provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern, known as Candidate Chemicals, with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Candidate Chemicals have been identified in menstrual products and DTSC intends to release a public background document on the topic this year. Additionally, based on recent studies, the FDA has decided to commission an independent literature review and initiate a bench laboratory study to evaluate metals in tampons.^3,[8]

There are still many chemicals of concern contained within menstrual products that are both listed as intentionally-added ingredients and from contamination. Although there is still uncertainty surrounding the ability for toxic chemicals to leach out of menstrual products during menstruation and absorb through the vaginal walls, regulation could be a vehicle to obtain more data on the presence of these chemicals. Research has suggested that requiring manufacturers to test menstrual products for these chemicals could be useful in determining the extent of their presence, while studies evaluating the risks of exposure progress. This bill would increase transparency surrounding these chemicals and their potential health effects, as well as support ongoing research regarding their exposure risks.

Comments

1. Purpose of Bill. According to the author, “Tampons have existed for nearly 100 years, and pads for over 150. These products are used by 9 million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet, every few years, we learn that they might contain a new potentially harmful chemical.”

“SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to the Department of Toxic Substances Control (DTSC). This bill also allows the DTSC to publish these results along with their own analyses, providing menstruators with the information they need about the products they are using in such a sensitive area. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products.”

1. Streamlining efforts. AB 2515 (Papan, Chapter 1008, Statutes of 2024), which bans PFAS from menstrual products, requires a few administrative efforts that this bill would benefit from. AB 2515 requires DTSC to publish testing methods for PFAS in menstrual products on its website and requires manufacturers of all menstrual products to register with the department and submit items to demonstrate compliance. Granted, the processes in AB 2515 are slightly different from the requirements of this bill, however, it would be beneficial to consider ways these efforts can be streamlined to prevent duplicative actions.

This bill only focuses on a subset of menstrual products: tampons and pads. But it could be useful for the submission of test results for both PFAS and the chemicals of concern referenced in this bill as well as DTSC’s evaluation of these results to occur simultaneously. Timelines could be adjusted to align with those of AB 2515, if it is useful. Though such efforts might lower the administrative costs for the department, it could also delay the collection of data that would provide transparency to the public and support further research. The author may wish to consider ways to streamline processes between this bill and AB 2515 and the tradeoffs of aligning timelines and efforts.

1. Transparency is key. With the introduction of this bill, science led to policy. If this bill is passed, the outcomes of this policy will advance science in support of public health. There are still knowledge gaps regarding the exposure risks to harmful chemicals through menstrual products and concentration thresholds at which these products could be deemed safe. Research in this area would require extensive funding to thoroughly test various products for various chemicals.

This bill shifts the financial burden of testing to the manufacturer, while also providing a mechanism to ensure transparency of all harmful chemicals within these products. This bill expands upon the Menstrual Products Right to Know Act by displaying the amounts of harmful chemicals, both intentionally-added and contamination. If DTSC publishes this information provided by manufacturers, this will allow the public to stay informed of what’s in the products they use. Furthermore, research will be informed and guided by data provided through the manufacturer.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee, “Cost pressures of an unknown but potentially significant amount (Toxic Substances Control Account [TSCA] and T.A.M.P.O.N. Act Fund) to DTSC for its Safer Consumer Products Program and to make an appropriation for the purposes of testing products. If expended, testing costs would be at least partially offset by fees paid by the manufacturers of these products.”

SUPPORT: (Verified 5/23/25)

A Voice for Choice Advocacy
American College of Obstetricians & Gynecologists - District IX
Environmental Working Group
Los Angeles County Sanitation Districts
Natural Resources Defense Council
Planned Parenthood Affiliates of California
Womens Voices for the Earth

OPPOSITION: (Verified 5/23/25)

American Chemistry Council
American Forest & Paper Association
California Chamber of Commerce
California Manufacturers and Technology Association
Center for Baby and Adult Hygiene Products
Consumer Brands Association
Consumer Healthcare Products Association

Prepared by: Taylor McKie / E.Q. / (916) 651-4108

5/26/25 13:45:49

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1. Upson, K., et. al. (2022). Menstrual products as a source of environmental chemical exposure: a review from the epidemiologic perspective. ↑

2. Singh, J., et. al. (2019). Tampon use, environmental chemicals and oxidative stress in the BioCycle study. ↑

3. Shearston, J. A., et. al. (2024). Tampons as a source of exposure to metal(loid)s. ↑

4. Abadin, H., et. al. (2007). Toxicological profile for lead. ↑

5. Ashizawa, A., et. al. (2012). Toxicological profile for cadmium. ↑

6. Chou, C. H., & Harper, C. (2007). Toxicological profile for arsenic. ↑

7. US EPA. (2025). Lead and Copper Rule. ↑

8. Berkeley Public Health. (2024). FDA launches tampon safety investigation after study finds toxic metals. ↑

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2025 - 2026 Regular Session

SB 754 (Durazo) - Menstrual products: disposable tampons and pad products: chemicals of concern

Bill Summary:

This bill would require manufactures of disposable tampons and pads to track the concentration of lead, arsenic, cadmium, and zinc in their products. It would also allow the Department of Toxic Substances (DTSC) to determine additional "chemicals of concern" in these products, and could require manufactures to track the concentration of these chemicals in their products as well. This bill would authorize DTSC to verify results, at the manufacturer's expense, and publish findings, including health risks, online.

Fiscal Impact:

• Cost pressures of an unknown but potentially significant amount (Toxic Substances Control Account [TSCA] and T.A.M.P.O.N. Act Fund) to DTSC for its Safer Consumer Products Program and to make an appropriation for the purposes of testing products. If expended, testing costs would be at least partially offset by fees paid by the manufacturers of these products.

Background:

Menstrual products are currently undergoing screening research in the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, administered by DTSC. SCP provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern, known as Candidate Chemicals, with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Candidate Chemicals have been identified in menstrual products and DTSC intends to release a public background document on the topic this year. Additionally, based on recent studies, the FDA has decided to commission an independent literature review and initiate a bench laboratory study to evaluate metals in tampons.

There are still many chemicals of concern contained within menstrual products that are both listed as intentionally-added ingredients and from contamination. Although there is still uncertainty surrounding the ability for toxic chemicals to leach out of menstrual products during menstruation and absorb through the vaginal walls, regulation could be a vehicle to obtain more data on the presence of these chemicals. Research has suggested that requiring manufacturers to test menstrual products for these chemicals could be useful in determining the extent of their presence, while studies evaluating the risks of exposure progress. This bill would increase transparency surrounding these chemicals and their potential health effects, as well as support ongoing research regarding their exposure risks.

Proposed Law:

SB 754 would provide a pathway for contaminant transparency in disposable pads and tampons. A manufacturer of disposable tampons or pads would be required to maintain information regarding the concentration of lead, arsenic, cadmium, and zinc. SB 754 would authorize DTSC to determine additional chemicals of concern in disposable pads and tampons and publish a list of those chemicals on its website. DTSC would also have the authority to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals of concern. The bill would also authorize DTSC to test disposable tampons or pads or contract with a third-party lab for product testing and collect the cost of such testing from product manufacturers. If DTSC collects funds for testing, SB 754 would require that such funds shall be deposited into the T.A.M.P.O.N. Act Fund and made available, upon appropriation, for the purposes of implementation.

Specifically, this bill would:

1. Require manufacturers of disposable tampons or pads to maintain information regarding specified chemicals.
2. Authorize DTSC, on or before January 1, 2027, to determine, and publish on its internet website, additional chemicals of concern in disposable tampons or pad products, as provided.
3. Authorize DTSC, on or before January 1, 2028, to require a manufacturer of disposable tampons or pad products to maintain information regarding the concentrations of those additional chemicals in the manufacturer’s disposable tampon or pad products.
4. Require manufacturers to provide technical documentation regarding testing processes and results for these chemicals, upon request from the department.
5. Authorize the DTSC to conduct tests or contract with a third-party to confirm manufacturer test results.
6. Deposit any charges collected by DTSC into the T.A.M.P.O.N. Act Fund.
7. Require, upon appropriation by the Legislature, funds from the T.A.M.P.O.N. Act Fund to be made available for the implementation, administration, and oversight within the proposed statute.
8. Authorize the department to publish all available test results and potential health impacts of the specific and present chemicals of concern on the department’s website.

Related Legislation:

AB 246 (Papan, 2023) prohibited the manufacture, sale, delivery, hold, or offering for sale any menstrual product that contains regulated PFAS and requires a manufacturer to use the least toxic alternative.

AB 1989 (Garcia, Chapter 272, Statutes of 2020) required a package containing menstrual products to have a list of all ingredients in the product printed on the label and website.

AB 2515 (Papan, Chapter 1008, Statutes of 2024) prohibited the manufacture, sale, delivery, hold, or offering for sale any menstrual product that contains regulated PFAS.

Staff Comments:

In 2023-24, DTSC expended about $20 million on its Safer Consumer Product program, mostly from TSCA. Program expenditures are forecasted to rise in 2025-26. Since the program’s inception, DTSC has adopted 8 priority product regulations to date, including certain nail products, children’s foam-padded sleeping products, paint strippers, spray foam, and carpet or textile products with PFAS. DTSC indicates that it could absorb the workload related to disposable menstrual products that would be authorized by this bill into its Safer Consumer Products Program. However, these activities may displace work on other products or chemicals that otherwise would have occurred or could increase overall program resource needs in order to maintain for DTSC to maintain program operations at the same level it otherwise would have, thereby creating a cost pressure.

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SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Blakespear, Chair

2025 - 2026 Regular

Bill No: SB 754

SUBJECT: Menstrual products: disposable tampons and pads: chemicals of concern

DIGEST: This bill requires manufacturers of menstrual products to provide technical documentation assessing the concentrations of chemicals of concern to the Department of Toxic Substances Control (DTSC) and requires DTSC to conduct relevant oversight.

ANALYSIS:

Existing law:

1. Requires the Department of Public Health (DPH), under the Sherman Food, Drug, and Cosmetic Law (Sherman Law), to regulate the manufacturing, distribution, and labeling of various drugs, devices, and cosmetics, including menstrual products. (Health and Safety Code (HSC) §109875, et seq.)
2. Requires cosmetic manufacturers, under the Safe Cosmetics Act, to submit to DPH a list of its cosmetic products sold in California that contain any ingredient that is a chemical identified as causing cancer or reproductive toxicity. (HSC §111792)
3. Under the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) (HSC § 25249.5 et seq.):
   1. Prohibits a person, in the course of doing business, from knowingly discharging or releasing a chemical known to the state to cause cancer or reproductive toxicity into water or onto or into land where such chemical passes or probably will pass into any source of drinking water;
   2. Prohibits a person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving clear and reasonable warning to such individual; and
   3. Requires the Governor to publish a list of chemicals known to cause cancer or reproductive toxicity and to annually revise the list.
4. Under the Safer Consumer Products (Green Chemistry) statutes (HSC § 25252 et seq.):
   1. Requires the Department of Toxic Substances Control (DTSC) to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered chemicals of concern, as specified;
   2. Requires DTSC to adopt regulations to establish a process to evaluate chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure or to reduce the level of hazard posed by a chemical of concern; and
   3. Specifies, but does not limit, regulatory responses that DTSC can take following the completion of an alternatives analysis, ranging from no action, to a prohibition of the chemical in the product.
5. Requires, under the Menstrual Products Right to Know Act of 2020, a package containing menstrual products manufactured on or after January 1, 2023, for sale or distribution in the state to be labeled with all ingredients in the product by weight and this information to be posted on the internet. (HSC § 111822)
6. Prohibits any person from manufacturing, distributing, selling, or offering for sale any menstrual product that contains PFAS and requires manufacturers to provide specified information to DTSC. (HSC § 25258)

This bill:

1. Requires manufacturers of disposable tampons or pads to maintain information regarding concentrations of chemicals of concern.
2. Requires manufacturers to provide technical documentation regarding testing processes and results for chemicals of concern, upon request from the department.
3. Authorizes the DTSC to conduct tests or contract with a third-party to confirm manufacturer test results.
4. Deposits any charges collected by the department into the T.A.M.P.O.N. Act Fund.
5. Requires, upon appropriation by the Legislature, funds from the T.A.M.P.O.N. Act Fund to be made available for the implementation, administration, and oversight within the proposed statute.
6. Authorizes the department to publish all available test results and potential health impacts of the specific and present chemicals of concern on the department’s website.

Background

1. What’s in menstrual products? People who menstruate have their period, on average, for about 40 years of their life. In the United States, this is approximately 72.7 million people between the ages of 15-49. During menstruation, they rely on a diverse range of menstrual products, including tampons, pads, menstrual cups, and period underwear. Exposure to harmful chemicals within menstrual products is particularly concerning because the vagina is an area with high blood flow where toxins can be taken up more efficiently than other places on the body. Of further concern, people using menstrual products are of reproductive age, thus exposure could potentially impact unborn children as well.

Harmful chemicals have been detected in menstrual products, including dioxins, polycyclic aromatic hydrocarbons, fragrances, phthalates, parabens, bisphenols, triclocarban, glyphosate, and volatile organic compounds.^[1] Processes such as bleaching the materials used in menstrual products may contribute to the presence of some of these harmful substances.^[2] Many of these chemicals have been associated with cancer, endocrine disruption, and reproductive effects.¹

Toxic, heavy metals may also be introduced into menstrual products through a few pathways. Some intentionally-added ingredients that function as antimicrobial agents or lubrication may include cobalt and nickel.^[3] Contamination can occur through other metals, such as lead, cadmium, and arsenic, originating from natural sources or industrial/agricultural pollution. These metals bioaccumulate into plants, such as cotton, that are used to make the absorbent core materials within menstrual products.³ Additionally, contaminants in the water used during the manufacturing process may end up in menstrual products.³

Some heavy metals, including lead, cadmium, and arsenic, are carcinogens and associated with adverse neurological, cardiovascular, respiratory, immunological, reproductive, and developmental health impacts.^[4],[5],[6] There is no safe exposure level to lead, and research has shown that the average amount of lead within tampons is approximately 6 times the action level established by the U.S. Environmental Protection Agency.^3,[7]

1. Current regulation of menstrual products. The Federal Food and Drug Administration (FDA) has broad authority to regulate medical devices for safety and effectiveness. Menstrual products are considered medical devices because they are intended to affect the function of the body. Menstrual products are not FDA approved; rather, they are registered and given clearance for marketing. Federal registration subjects these products to FDA oversight and consumer compliance tracking.

In California, DPH’s Food and Drug Branch (FDB) licenses and inspects menstrual products as medical devices. Under the Sherman Law, FDB has broad authority for licensing, inspection, enforcement, and embargoing of products. In addition, the Sherman Act provides DPH broad authority to ensure that consumer goods such as menstrual products are properly manufactured, packaged, labeled and that the products are not adulterated, misbranded, or falsely advertised. DPH adopts federal Good Manufacturing Practices and federal new drug and new device regulations. According to DPH, no violations or enforcement actions have been taken by FDB on menstrual products.

The Menstrual Products Right to Know Act of 2020 was established by AB 1989 (Cristina Garcia, Chapter 272, Statutes of 2020) to require manufacturers to include a label on menstrual products with a list of all ingredients to increase transparency of the toxic chemicals that menstrual products contained. The lists only include ingredients that are intentionally-added by the manufacturer. AB 2515 (Papan, Chapter 1008, Statutes of 2024) bans per- and polyfluoroalkyl substances (PFAS) from menstrual products and provides oversight and enforcement mechanisms through DTSC.

1. Ongoing hazard & safety assessments. Menstrual products are currently undergoing screening research in the Safer Consumer Products (SCP, previously known as Green Chemistry) Program, administered by DTSC. SCP provides science-based criteria and procedures for identifying and evaluating alternatives with the objective of replacing chemicals of concern, known as Candidate Chemicals, with safer chemicals and avoiding the use of substitute chemicals that pose equal or greater harm. Candidate Chemicals have been identified in menstrual products and DTSC intends to release a public background document on the topic this year. Additionally, based on recent studies, the FDA has decided to commission an independent literature review and initiate a bench laboratory study to evaluate metals in tampons.^3,[8]

There are still many chemicals of concern contained within menstrual products that are both listed as intentionally-added ingredients and from contamination. Although there is still uncertainty surrounding the ability for toxic chemicals to leach out of menstrual products during menstruation and absorb through the vaginal walls, regulation could be a vehicle to obtain more data on the presence of these chemicals. Research has suggested that requiring manufacturers to test menstrual products for these chemicals could be useful in determining the extent of their presence, while studies evaluating the risks of exposure progress. This bill would increase transparency surrounding these chemicals and their potential health effects, as well as support ongoing research regarding their exposure risks.

Comments

1. Purpose of Bill. According to the author, “Tampons have existed for nearly 100 years, and pads for over 150. These products are used by 9 million people in California, including 1 million children, in one of the most sensitive and permeable areas of the body. Yet, every few years, we learn that they might contain a new potentially harmful chemical.”

“SB 754 requires manufacturers to disclose the concentrations of potentially harmful chemicals in their products to the Department of Toxic Substances Control (DTSC). This bill also allows the DTSC to publish these results along with their own analyses, providing menstruators with the information they need about the products they are using in such a sensitive area. By ensuring access to information, SB 754 helps safeguard our public health and empowers consumers to make informed decisions about their personal health products.”

1. Clarity and feasibility. Manufacturers have noted that there is ambiguity surrounding the chemicals that products will need to be tested for. Though this information is anticipated, it is uncertain when the list of chemicals will be publicly available. This makes it difficult for manufacturers to plan for testing and they would also need to consider the capacity of the testing laboratories. Because the compliance date is six months after the effective date, manufacturers are requesting more time and clarity in the chemicals of concern. The author and committee may wish to consider defining an initial list of chemicals and authorize DTSC to add to this list as needed. The author and committee may also wish to consider postponing the testing compliance date for manufacturers.
2. Streamlining efforts. AB 2515 (Papan, Chapter 1008, Statutes of 2024), which bans PFAS from menstrual products, requires a few administrative efforts that this bill would benefit from. AB 2515 requires DTSC to publish testing methods for PFAS in menstrual products on its website and requires manufacturers of all menstrual products to register with the department and submit items to demonstrate compliance. Granted, the processes in AB 2515 are slightly different from the requirements of this bill, however, it would be beneficial to consider ways these efforts can be streamlined to prevent duplicative actions.

This bill only focuses on a subset of menstrual products: tampons and pads. But it could be useful for the submission of test results for both PFAS and the chemicals of concern referenced in this bill as well as DTSC’s evaluation of these results to occur simultaneously. Timelines could be adjusted to align with those of AB 2515, if it is useful. Though such efforts might lower the administrative costs for the department, it could also delay the collection of data that would provide transparency to the public and support further research. The author may wish to consider ways to streamline processes between this bill and AB 2515 and the tradeoffs of aligning timelines and efforts.

1. Transparency is key. With the introduction of this bill, science led to policy. If this bill is passed, the outcomes of this policy will advance science in support of public health. There are still knowledge gaps regarding the exposure risks to harmful chemicals through menstrual products and concentration thresholds at which these products could be deemed safe. Research in this area would require extensive funding to thoroughly test various products for various chemicals.

This bill shifts the financial burden of testing to the manufacturer, while also providing a mechanism to ensure transparency of all harmful chemicals within these products. This bill expands upon the Menstrual Products Right to Know Act by displaying the amounts of harmful chemicals, both intentionally-added and contamination. If DTSC publishes this information provided by manufacturers, this will allow the public to stay informed of what’s in the products they use. Furthermore, research will be informed and guided by data provided through the manufacturer.

1. Committee amendments. Staff recommends the committee adopt the bolded amendment contained in comment 2.

Related/Prior Legislation

AB 246 (Papan, 2023) prohibited the manufacture, sale, delivery, hold, or offering for sale any menstrual product that contains regulated PFAS and requires a manufacturer to use the least toxic alternative.

AB 1989 (Garcia, Chapter 272, Statutes of 2020) required a package containing menstrual products to have a list of all ingredients in the product printed on the label and website.

AB 2515 (Papan, Chapter 1008, Statutes of 2024) prohibited the manufacture, sale, delivery, hold, or offering for sale any menstrual product that contains regulated PFAS.

SOURCE:

Author

SUPPORT:

A Voice for Choice Advocacy
American College of Obstetricians & Gynecologists - District Ix
Environmental Working Group

OPPOSITION:

American Chemistry Council
American Forest & Paper Association
California Chamber of Commerce
California Manufacturers and Technology Association
Center for Baby and Adult Hygiene Products
Consumer Brands Association
Consumer Healthcare Products Association

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1. Upson, K., et. al. (2022). Menstrual products as a source of environmental chemical exposure: a review from the epidemiologic perspective. ↑

2. Singh, J., et. al. (2019). Tampon use, environmental chemicals and oxidative stress in the BioCycle study. ↑

3. Shearston, J. A., et. al. (2024). Tampons as a source of exposure to metal(loid)s. ↑

4. Abadin, H., et. al. (2007). Toxicological profile for lead. ↑

5. Ashizawa, A., et. al. (2012). Toxicological profile for cadmium. ↑

6. Chou, C. H., & Harper, C. (2007). Toxicological profile for arsenic. ↑

7. US EPA. (2025). Lead and Copper Rule. ↑

8. Berkeley Public Health. (2024). FDA launches tampon safety investigation after study finds toxic metals. ↑