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.
- 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
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