Short title

This Act may be cited as the

Robin Danielson Menstrual Product and Intimate Care Product Safety Act of 2023

Findings

The Congress finds as follows:(1)Menstrual products and intimate care products are widely used in the United States today, but there is not enough research on the safety of or potential chemical exposure from components of these products.(2)People who menstruate may be exposed to substances in tampons and other menstrual products for as long as 40 years over the course of their reproductive lives. The average person who menstruates may use up to 16,000 tampons in their lifetime. (3)Trace amounts of dioxins can be found in tampons and other menstrual products. The Environmental Protection Agency and the International Agency for Research on Cancer, an arm of the World Health Organization, have concluded that dioxins are a probable human carcinogen (cancer-causing agent).(4)Chemical testing of menstrual products from around the world have detected several additional chemicals of concern including phthalates, volatile organic compounds, pesticides, carbon disulfide, and per-and polyfluoroalkyl substances (PFAS).(5)Intimate care products frequently contain undisclosed fragrance chemicals, some of which may be allergens, reproductive toxins, and carcinogens. Such products also contain potentially harmful preservatives. Research released by Apothercare, Women’s Voices for the Earth, and Black Women for Wellness found that some intimate care products specifically inhibit the growth of lactobacillus, a crucial type of healthy bacteria found in the vaginal microbiome. Disruption of the vaginal microbiome can lead to significant health problems including bacterial vaginosis, increased risk of sexually transmitted diseases, and fertility concerns.(6)Intimate care products (especially douches and powders) have been associated with higher levels of toxic chemicals in the bodies of people who use them. Specifically, phthalate levels in urine were significantly higher in people who douche frequently. Another study found significantly higher levels of 1,4–dichlorobenzene in the blood of people who douche frequently and higher levels of ethylbenzene in the blood of intimate powder users.(7)Research regarding the presence of chemicals in menstrual products and intimate care products plays a role in advancing health equity for populations that have historically experienced health disparities, including Black people. (8)Regulatory oversight of the safety of materials in menstrual and intimate care products is limited. The Food and Drug Administration has historically relied on data provided by manufacturers of menstrual products in determining product safety. Intimate care products generally do not need approval by the Food and Drug Administration before they go on the market, and manufacturers have the responsibility to ensure the safety of their products.

Research on dioxins and other potentially harmful components of menstrual products and intimate care products

Part F of title IV of the Public Health Service Act (42 U.S.C. 287d et seq.) is amended by adding at the end the following new section:

486C.

Research on dioxins and other potentially harmful components of menstrual products and intimate care products

(a)

Research

(1)

In general

The Director of NIH shall provide for the conduct or support of research to determine the extent to which the presence of dioxins, phthalates, titanium dioxide, and other components (including contaminants and substances used as fragrances, colorants, dyes, and preservatives) in tampons and other menstrual products and intimate care products—(A)poses any risks to the health of people who use the products, including risks related to gynecologic, breast, and other cancers, endometriosis, infertility and pregnancy outcomes, immune system deficiencies, pelvic inflammatory disease, toxic shock syndrome, the health of the vaginal microbiome, and other bacterial and yeast infections; and(B)poses any risks to the health of children or people who used such products during or before the pregnancies involved, including risks related to fetal and childhood development.(2)

Definition

For purposes of paragraph (1)—(A)the term menstrual products means tampons, pads, liners, cups, sponges, and similar products used by people who menstruate with respect to menstruation or other genital-tract secretions; and(B)the term intimate care products means douches, wipes, sprays, washes, powders, and similar products used with respect to vulva or vaginal cleansing.(b)

Authorization of appropriations

For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2024 through 2028.