[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8829 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8829

  To amend the Federal Food, Drug, and Cosmetic Act to treat certain 
 menstrual products as misbranded if their labeling does not list each 
           component of the product, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2022

 Ms. Meng (for herself and Mrs. Lesko) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Food, Drug, and Cosmetic Act to treat certain 
 menstrual products as misbranded if their labeling does not list each 
           component of the product, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Menstrual Products Right To Know Act 
of 2022''.

SEC. 2. MENSTRUAL PRODUCTS MISBRANDED IF LABELING DOES NOT INCLUDE 
              COMPONENTS.

    (a) In General.--Section 502 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the 
following:
    ``(gg) If it is a menstrual product (as defined in section 515C), 
unless the labeling of the product meets the requirements of such 
section. ''.
    (b) Menstrual Product Labeling Requirements.--Chapter V of the 
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended 
by inserting after section 515B (21 U.S.C. 360e-3) of such Act the 
following:

``SEC. 515C. MENSTRUAL PRODUCTS LABELING REQUIREMENTS.

    ``(a) In General.--The manufacturer of a menstrual product, shall 
include on the labeling of such product a list of each component of the 
finished product, including any fragrance ingredients, in accordance 
with subsection (b).
    ``(b) Required Elements of Labeling.--The following shall apply 
with respect to labeling required by subsection (a):
            ``(1) Fragrance ingredients.--Fragrance ingredients shall 
        not be required to be listed on the labeling of the product 
        except in the case of a fragrance that--
                    ``(A) is a fragrance allergen; or
                    ``(B) is not a fragrance allergen described in 
                subsection (c)(2) but is present in the product at a 
                concentration at or above a level at which the 
                Secretary determines that disclosure is necessary due 
                to a safety concern or risk to human health.
            ``(2) Order of listing of components.--Components in the 
        product shall be listed in order of the most predominant 
        component by weight to the least predominant component by 
        weight, except that components present in a quantity less than 
        1 percent of the weight of the product may be listed in any 
        order, after listing all components present in a quantity 
        greater than or equal to 1 percent of the weight of the 
        product.
            ``(3) Nomenclature.--Components in the product shall be 
        listed by standardized nomenclature or common chemical name. 
        Component names should be sufficiently clear to allow for a 
        user to identify a component.
            ``(4) Labeling revisions.--The product labeling shall 
        reflect any change, addition, or deletion to the components of 
        a product, or any relevant revision to a fragrance ingredient 
        that affects the labeling requirements described in paragraph 
        (1), not later than 18 months after such change, addition, 
        deletion, or revision.
    ``(d) Definitions.--In this section:
            ``(1) The term `component' has the meaning given such term 
        in section 820.3(c) of title 21, Code of Federal Regulations 
        (or any successor regulations), except that such term 
        excludes--
                    ``(A) the labeling of a finished product;
                    ``(B) materials or substances that are contained in 
                elements or parts of the external packaging box, 
                wrapper, pouches, and adhesive strip peels that are 
                ancillary to the intended use of the finished product 
                to collect menstruation and do not have more than 
                transient contact with the human body; and
                    ``(C) materials or substances that are not intended 
                to be included as part of the finished, packaged, and 
                labeled product.
            ``(2) The term `fragrance allergen' means any of the 
        following:
                    ``(A) Amyl cinnamal.
                    ``(B) Amylcinnamyl alcohol.
                    ``(C) Anisyl alcohol.
                    ``(D) Benzyl alcohol.
                    ``(E) Benzyl benzoate.
                    ``(F) Benzyl cinnamate.
                    ``(G) Benzyl salicylate.
                    ``(H) Cinnamyl alcohol.
                    ``(I) Cinnamaldehyde.
                    ``(J) Citral.
                    ``(K) Citronellol.
                    ``(L) Coumarin.
                    ``(M) Eugenol.
                    ``(N) Farnesol.
                    ``(O) Geraniol.
                    ``(P) Hexyl cinnamaladehyde.
                    ``(Q) Hydroxycitronellal.
                    ``(R) Hydroxyisohexyl 3-cyclohexene carboxaldehyde 
                (HICC), (also known as Lyral).
                    ``(S) Isoeugenol.
                    ``(T) Lilial.
                    ``(U) d-Limonene.
                    ``(V) Linalool.
                    ``(W) Methyl 2-octynoate.
                    ``(X) g-Methylionone.
                    ``(Y) Oak moss extract.
                    ``(Z) Tree moss extract.
                    ``(AA) Any other fragrance allergen, as determined 
                by the Secretary, including based on the inclusion of 
                the fragrance allergen on an authoritative list or 
                compendium of such compounds.
            ``(3) The term `fragrance ingredient' means an 
        intentionally added substance or complex mixture present in a 
        menstrual product for which the sole purpose in the product is 
        to impart an odor or scent, or to mask odor.
            ``(4) The term `menstrual product' includes--
                    ``(A) a cervical cap used to collect menstrual 
                flow;
                    ``(B) a menstrual cup;
                    ``(C) a scented, scented deodorized, or unscented 
                menstrual pad or tampon; and
                    ``(D) scented deodorized or unscented menstrual 
                underwear.
    ``(e) Preemption.--
            ``(1) In general.--
                    ``(A) Preemption of new state and local 
                requirements.--Subject to paragraphs (2) and (3), no 
                State or political subdivision of a State may 
                establish, after the date of enactment of the Menstrual 
                Products Right To Know Act of 2022, any requirement for 
                the labeling of components subject to this section.
                    ``(B) Grandfathered state and local requirements.--
                A State or political subdivision of a State may 
                continue in effect any requirement for the labeling of 
                menstrual products subject to this section that is in 
                full effect and implemented on the date of enactment of 
                the Menstrual Products Right To Know Act of 2022.
            ``(2) Application of exemption.--A State or political 
        subdivision of a State wishing to establish a requirement to 
        which preemption under paragraph (1)(A) applies may apply to 
        the Secretary for an exemption from the application of 
        paragraph (1)(A) to such new State or local requirement, as 
        described in section 521, and the Secretary may grant such an 
        exemption, as the Secretary determines appropriate.
            ``(3) Savings.--Nothing in this section shall be construed 
        to modify or otherwise affect, preempt, or displace any cause 
        of action or State or Federal law creating a remedy for civil 
        relief or criminal cause of action, whether statutory or based 
        in common law.''.
    (c) Application.--The amendments made by this Act shall apply with 
respect to products manufactured, and intended for introduction into 
interstate commerce, on or after the date that is 18 months after the 
date of the enactment of this Act.
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