Robin Danielson Feminine Hygiene Product Safety Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3865 To amend the Public Health Service Act to establish a program of research regarding the risks posed by the presence of dioxin, synthetic fibers, chemical fragrances, and other components of feminine hygiene products. IN THE HOUSE OF REPRESENTATIVES JULY 19, 2019 Mrs. CAROLYN B. MALONEY of New York introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to establish a pro- gram of research regarding the risks posed by the pres- ence of dioxin, synthetic fibers, chemical fragrances, and other components of feminine hygiene products. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Robin Danielson Femi- 4 nine Hygiene Product Safety Act of 2019’’. 5 SEC. 2. FINDINGS. 6 The Congress finds as follows: 7 VerDate Sep 11 2014 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3865.IH H3865 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3865 IH (1) Feminine hygiene products are widely used 1 by women in the United States today, but there is 2 not enough research on the components of these 3 products. 4 (2) Women may be exposed to substances in 5 tampons and other menstrual products for as long 6 as 60 years over the course of their reproductive 7 lives. The average woman may use as many as 8 16,800 tampons in her lifetime. A woman on meno- 9 pausal hormone therapy may use as many as 24,360 10 tampons in her lifetime. 11 (3) Trace amounts of dioxins can be found in 12 tampons or other feminine hygiene products. The 13 Environmental Protection Agency and the Inter- 14 national Agency for Research on Cancer, an arm of 15 the World Health Organization, have concluded that 16 dioxins are a probable human carcinogen (cancer- 17 causing agent). 18 (4) The Food and Drug Administration (re- 19 ferred to in this section as the ‘‘FDA’’) has histori- 20 cally relied on data provided by manufacturers of 21 feminine hygiene products in determining product 22 safety. 23 (5) Although the FDA currently requires tam- 24 pon manufacturers to routinely monitor dioxin levels 25 VerDate Sep 11 2014 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3865.IH H3865 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3865 IH in raw materials and finished tampons, this informa- 1 tion is not readily available to the public. The FDA 2 should consider whether to expand regulation to in- 3 clude other types of feminine hygiene products and 4 a broader list of contaminants. 5 SEC. 3. RESEARCH ON DIOXIN AND OTHER POTENTIALLY 6 HARMFUL COMPONENTS OF FEMININE HY- 7 GIENE PRODUCTS. 8 Part F of title IV of the Public Health Service Act 9 (42 U.S.C. 287d et seq.) is amended by adding at the end 10 the following section: 11 ‘‘SEC. 486C. RESEARCH ON DIOXIN AND OTHER POTEN- 12 TIALLY HARMFUL COMPONENTS OF FEMI- 13 NINE HYGIENE PRODUCTS. 14 ‘‘(a) RESEARCH.— 15 ‘‘(1) IN GENERAL.—The Director of NIH, in 16 collaboration with the Director of the Office, shall 17 provide for the conduct or support of research to de- 18 termine the extent to which the presence of dioxins, 19 synthetic fibers, chlorine, and other components (in- 20 cluding contaminants and substances used as fra- 21 grances, colorants, dyes, and preservatives) in tam- 22 pons and other feminine hygiene products— 23 ‘‘(A) poses any risks to the health of 24 women who use the products, including risks re- 25 VerDate Sep 11 2014 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3865.IH H3865 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3865 IH lating to cervical cancer, endometriosis, infer- 1 tility, ovarian cancer, breast cancer, immune 2 system deficiencies, pelvic inflammatory disease, 3 toxic shock syndrome, and bacterial and yeast 4 infections; and 5 ‘‘(B) poses any risks to the health of chil- 6 dren of women who used such products during 7 or before the pregnancies involved, including 8 risks relating to fetal and childhood develop- 9 ment. 10 ‘‘(2) REQUIREMENT REGARDING DATA FROM 11 MANUFACTURERS.—Research under paragraph (1) 12 shall include research to confirm the data on tam- 13 pons and other feminine hygiene products submitted 14 to the Commissioner of Food and Drugs by manu- 15 facturers of such products. 16 ‘‘(3) DEFINITION.—For purposes of paragraph 17 (1), the term ‘feminine hygiene products’ means 18 tampons, pads, liners, cups, sponges, douches, wipes, 19 sprays, and similar products used by women with re- 20 spect to menstruation or other genital-tract secre- 21 tions. 22 ‘‘(b) REPORTS.—Reports on the results of research 23 under subsection (a) shall be periodically submitted to the 24 Congress, the Commissioner of Food and Drugs, the Ad- 25 VerDate Sep 11 2014 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3865.IH H3865 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3865 IH ministrator of the Environmental Protection Agency, and 1 the Chairman of the Consumer Product Safety Commis- 2 sion. Such reports shall be made available to the public 3 through the data system and clearinghouse program es- 4 tablished under section 486A, or through other appro- 5 priate means. 6 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the 7 purpose of carrying out this section, there are authorized 8 to be appropriated such sums as may be necessary for 9 each of the fiscal years 2020 through 2024.’’. 10 Æ VerDate Sep 11 2014 00:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3865.IH H3865 pamtmann on DSKBFK8HB2PROD with BILLS