NY State Passes Ban on Multiple Chemicals in Menstrual Products

What does the new law mean for menstrual products in the state?

On Dec. 19, New York Governor Kathy Hochul signed Senate Bill S1548, restricting the sale of menstrual products (e.g., disposable and reusable tampons, pads, and menstrual cups) containing certain intentionally added substances at any level — including per- and polyfluoroalkyl substances (PFAS), heavy metals, formaldehyde, parabens, and phthalates — starting in December 2026. The bill also establishes a framework for developing state-mandated trace-level limits for the unintentional presence of these substances by January 2029. This regulation positions New York among the most stringent jurisdictions regulating chemicals in menstrual products in the U.S.

S1548 explicitly bans the sale of any menstrual products in New York containing lead, mercury, and related compounds, formaldehyde, triclosan, toluene, talc, dibutyl phthalate, di(2-ethylhexyl) phthalate, butylphenyl methylpropional, and isobutyl-, isopropyl-, butyl-, propylparaben, and PFAS (defined by the state as any chemical containing at least one fully fluorinated carbon). The bill does not distinguish between recycled and virgin raw materials (e.g., for plastic or cardboard applicators, cotton components), so it will be important for manufacturers to understand the impact of these different types of materials on the chemical content of their products.

The New York State Department of Health, in consultation with the Department of Environmental Conservation, will establish regulatory thresholds for each restricted chemical, which will be set as "the lowest level that can feasibly be achieved," though the bill does not describe how these levels will be determined. These departments will review the levels every five years to determine whether they should be lowered. 

Several other states have enacted related measures, though New York's law is broader in scope: Colorado, Minnesota, Rhode Island, New Hampshire, and Connecticut have enacted PFAS-only bans for menstrual products; California has enacted a PFAS-only ban including a total organic fluorine (TOF) threshold for the unintentional presence of PFAS, as well as mandatory ingredient disclosure; and Vermont has enacted a ban on a list of specific chemicals in menstrual products. New York's new regulation stands out for combining a broad chemical ban with a regulatory mandate to set enforceable trace-level limits.

Any company that plans to sell menstrual products in the state after the 2026 effective date will need to ensure their products do not contain listed chemicals as intentional additions at any level and prepare for enforceable threshold limits for chemicals that may be present unintentionally. To prepare for compliance, manufacturers of menstrual products can review formulations, ingredients, and supply chains and evaluate potential testing needs.