Nevada Passes Menstrual Product Ingredient Disclosure Law

Nevada recently passed AB169, an Act relating to the labeling of feminine hygiene products. The law requires manufacturers to label each package or box containing a feminine hygiene product that is sold or distributed in the state with a plain and conspicuous list of all ingredients in the feminine hygiene product. Nevada is the third state to pass a feminine hygiene product ingredient disclosure law, after California and New York.

The list of ingredients in the feminine hygiene product must be declared in the following manner:

In order of predominance, by weight, unless the weight is 1% or less. If the weight is less than 1%, the ingredient may be listed in any order following the other ingredients.
Identified using standardized nomenclature, including, without limitation, the INCI , HCPA, or the common name of the chemical. If the ingredient does not have a standardized nomenclature, the ingredient must be identified using the name established by the Center for Baby and Adult Hygiene Products

Note: If an ingredient is confidential business information, it may be identified by its common name. Provided that the ingredient is not on one of the designated lists identified by the Act or a fragrance allergen at a concentration at or above 0.001% or 10 ppm.

The Act does not prohibit a manufacturer from using technology, including, without limitation, a link to a website to communicate the ingredient information. It also states that “reasonable variations shall be permitted, and exemptions as to a small package shall be established by regulations prescribed by the Commissioner.”

Finally, if a manufacturer has an internet website, the list of ingredients must be posted on the manufacturer’s website.

The labeling requirements apply to products manufactured on or after January 1, 2025.

Definitions:

A “feminine hygiene product” is “any product used for the purpose of catching menstruation and vaginal discharge, including, without limitation, tampons, pads and menstrual cups, whether disposable or reusable.”
“Manufacturer” is a person or entity:
- That manufacturers feminine hygiene products and whose name appears on the product label; or
- For whom the product is manufactured or distributed, as identified on the product label pursuant to the Fair Packaging and Labeling Act
“Ingredient” means a fragrance ingredient or other intentionally added substance or combination of substances, unless it is confidential business information.
- “Intentionally added” is a substance that serves a technical or functional purpose in the finished product

Link: https://www.leg.state.nv.us/App/NELIS/REL/82nd2023/Bill/9853/Overview

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