Abstract
The average person who menstruates will bleed for an average of five days, every twenty-four to thirty-eight days, over several decades and could use thousands of disposable menstrual products in their lifetime. Menstrual products line retail shelves. They can be found in homes, bags, and bodies—but until 2021, manufacturers were not required to disclose the ingredients used to make these products to consumers at all. In fact, they still are not federally required to disclose menstrual product ingredients on product packaging. Instead, in recent years, changes to menstrual product labels have largely been the result of state legislation. In 2019, New York State passed the first Menstrual Right to Know Act, which gave manufacturers eighteen months to begin disclosing menstrual product ingredients on boxes sold within the state. California passed its own disclosure law in 2020.
In addition to increasing transparency through ingredient disclosures, states are legislating to end menstrual product taxes and to increase access. Amid these efforts to increase menstrual equity, it is important to evaluate whether changes to state laws are the appropriate route for a product historically regulated by the FDA. It is also important to consider whether these laws might be more effective if taken a step further. This Note argues that menstrual products deserve increased scrutiny and that legislation can support important changes to further the health of menstruators in the United States. In delving into the history of the tampon and the Toxic Shock Syndrome Crisis of the 1980s, this Note also aims to highlight the importance of product safety and regulation, particularly as new products enter the market. Parts I and II provide an overview of the menstrual product market, including the history of FDA regulation and more recent research efforts. Part III evaluates efforts to increase menstrual product transparency through state and federal legislation. Part IV proposes additional regulations to increase transparency and consumer safety, focusing on eco-labeling, fixing absorbency charts, and legislating at the federal level. California and New York’s laws are an important step toward increasing consumer awareness and autonomy, but they are just a start. Significant changes are needed to combat existing menstrual stigma, achieve future equity, and ensure product safety.
Recommended Citation
Elianna Spitzer, What Is in Your Tampon? Increasing Transparency in Menstrual Products, 48 SEATTLE U. L. REV. 229 (2024).
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