[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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