California AB 2515 signed into law, establishes significant penalties for the manufacture and sale of menstrual products containing regulated PFAS

Farella Braun + Martel LLP

On September 30, 2024, California Governor Gavin Newsom announced that he signed AB 2515 into law. Among other things, AB 2515 prohibits the manufacture, distribution, and sale of menstrual products containing “regulated PFAS.” PFAS are defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom, and “regulated PFAS” are defined as including, starting on January 1, 2025, intentionally added PFAS and, starting on January 1, 2027, PFAS at or above a level of total organic fluorine to be determined by the California Department of Toxic Substances Control (DTSC). By July 1, 2029, manufacturers of menstrual products are required to register with DTSC and certify that each menstrual product they manufacture is in compliance with AB 2515.

Importantly, a violation of AB 2515 is punishable by a minimum administrative or civil penalty of $10,000, which may be assessed for each violation of AB 2515 and for each day a violation continues.

California AB 2515 can be found here, and Governor Newsom’s announcement can be found here.

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