BILL NUMBER: AB 2820 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 26, 2000
INTRODUCED BY Assembly Member Cardoza
(Coauthors: Assembly Members Aroner, Cardenas, and Cunneen)
FEBRUARY 28, 2000
An act to add Section 138.5 to the Health and Safety Code,
relating to women's health.
LEGISLATIVE COUNSEL'S DIGEST
AB 2820, as amended, Cardoza. Feminine hygiene products: study.
Existing law imposes various functions and duties on the State
Department of Health Services with respect to women's health.
This bill would require the department to contract with the
University of California for the preparation and submittal to the
department of a laboratory study that the department would
transmit to the Governor and Legislature on or before January 1,
2002 2004 , that determines the extent
to which the presence of dioxin, synthetic fibers, and other
additives in feminine hygiene products, as defined, pose risks to the
health of both women who use the products and their children.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Tampons are used by approximately 73,000,000 women in the
United States today.
(b) The Environmental Protection Agency and the International
Agency for Research on Cancer, an arm of the World Health
Organization, have concluded that dioxins are a probable human
carcinogen.
(c) Dioxin is a byproduct of chlorine-bleaching processes used in
the manufacture of paper products, including tampons, sanitary pads,
panty liners, and diapers.
(d) While bleaching processes that do not produce dioxin in any
amount are available, most pulp and paper manufacturers, which
produce raw materials used in tampons, currently use either
elemental-chlorine or chlorine-dioxide bleaching processes. Both of
these bleaching processes use chlorine and therefore produce dioxin.
(e) The effects of dioxin from various sources are cumulative and
can be measured 20 to 30 years after exposure. Women may be exposed
to dioxin in tampons and other menstrual products for as long as 60
years over the course of their reproductive lives.
(f) Internal documents of the Food and Drug Administration suggest
the agency has not adequately investigated the danger of dioxin in
tampons, according to a 1992 staff report of a subcommittee of the
Committee on Government Operations of the House of Representatives.
(g) The Food and Drug Administration has historically relied
(b) The International Agency for Research on Cancer has concluded
that 2,3,7,8-TCDD (often referred to as dioxin) is a carcinogen.
(c) Dioxin can be a byproduct when elemental chlorine bleaching
processes are used in the manufacture of some pulp and paper
products.
(d) While manufacturers of hygiene products, including tampons,
sanitary pads, panty liners, and diapers, have worked with the United
States Environmental Protection Agency and the United States Food
and Drug Administration (FDA), to evaluate the risks from dioxins in
these products, these studies are not widely available, and there is
significant confusion among the lay public regarding the adequacy of
evaluations that have been conducted to date.
(e) It is estimated that 2,3,7,8-TCDD has a long half-life in
humans, and, therefore, there are concerns over effects that may only
be evident after long periods of exposure.
(f) If feminine hygiene products are a significant source of
exposure, women could be exposed to dioxin from menstrual products
for as long as 60 years over the course of their reproductive lives.
(g) While the FDA currently supports the safety of tampons, a 1992
staff report of a subcommittee of the Committee on Government
Operations of the United States House of Representatives cites
internal documents of the FDA that suggests the agency had not
adequately investigated the danger of dioxin in tampons.
(h) The FDA relies on data provided by manufacturers of
feminine hygiene products in determining product safety.
(h) Although the Food and Drug Administration
(i) Although the FDA currently requires tampon manufacturers
to monitor dioxin levels in their finished products, the information
is not readily available to the public.
(i)
(j) Recent studies have produced conflicting information
about the link between dioxin exposure and increased risks for
endometriosis.
(j)
(k) The Environmental Protection Agency has concluded that
people with high levels of exposure to dioxins may be at risk for
other noncancer effects that could suppress the immune
system, increase the risk of pelvic inflammatory disease, reduce
fertility, and interfere with fetal and childhood development.
(k) An independent study in 1991 found that tampons commonly
included one or more of the following additives: chlorine compounds,
absorbency enhancers (such as surfactants like polysorbate-20),
natural and synthetic fibers (such as cotton, rayon, polyester, and
polyacrylate), deodorant, and fragrance.
(l) Toxic Shock Syndrome (TSS) has been linked to tampon use and
the absorbency of the tampon. TSS is a rare bacterial illness that
occurs mostly in menstruating women. During 1979 and 1980, the
syndrome was responsible for at least 55 deaths and 1,066 nonfatal
cases.
(m) In response to a 1988 lawsuit, the Food and Drug
Administration has required tampons to be labeled with reference to
an absorbency standard (for example, super tampons must absorb
between 9 and 12 grams of liquid).
(n) Independent research has shown that synthetic fiber additives
in tampons amplify toxin production, which is associated with toxic
shock syndrome. , including suppression of the immune
system, reduction in fertility, and interference with fetal and
childhood development.
SEC. 2. Section 138.5 is added to the Health and Safety Code, to
read:
138.5. (a) The State Department of Health Services shall contract
with the University of California for the preparation and submittal
to the department of a laboratory study that the
department shall transmit to the Governor and the Legislature on or
before January 1, 2002, 2004, that
determines the extent to which the presence of dioxin, synthetic
fibers, and other additives in feminine hygiene products pose any
risks to the following:
(1) The health of women who use the products, including risks
relating to cervical cancer, endometriosis, infertility, ovarian
cancer, breast cancer, immune system deficiencies, pelvic
inflammatory disease, and toxic shock syndrome.
(2) The health of children of women who used these products during
or before the pregnancies involved, including risks related to fetal
and childhood development. , as follows:
(1) The study shall assess the extent to which dioxins may be
present in hygiene products.
(2) The study shall assess the risks to women who use hygiene
products, including risks related to cervical and uterine cancer,
endometriosis, infertility, ovarian cancer, breast cancer, immune
deficiencies, and pelvic inflammatory disease.
(3) The study shall assess potential risks to the children of
women who use these hygiene products during or before the pregnancies
involved, including risks relating to fetal and childhood
development.
(b) For purposes of this section, "feminine hygiene products"
means tampons, pads, liners, and similar
other marketed products used by women with respect to
menstruation or other genital tract secretions.