As of February 1, 2021, California requirements regarding the provision of menstrual products in public agencies have expanded. Here’s everything you need to know about feminine hygiene provision lawsuits in California.
Related: Women’s Reproductive Rights in California
Previously Existing Law
Prior to the passage of California bill AB 367, menstrual products were referred to as “hygiene” products and only were required to be provided for free by low-income public schools. This meant that public schools serving grades 6 to 12 with a pupil poverty threshold of 40% must stock at least 50% of the school’s restrooms with “feminine hygiene” products at all times.
According to this requirement, “feminine hygiene” products were defined as:
- Tampons and
- Sanitary napkins (e.g. pads) in connection to menstruation.
Current Requirements
Bill AB 367 now requires all public schools serving students grade 6 to 12 to provide menstrual products in 50% of the schools’ restrooms at all times. It has also expanded this requirement to all California State universities and community college districts, as well as highly encouraging University of California campuses and California private universities, colleges, and higher learning institutions to do the same. Additionally, this applies to public agencies that serve the public or are open to the public which also provides public restroom facilities. Even if the restrooms are not available to the public, California public agencies must stock 50% of the restrooms with menstrual products for their employees.
What kinds of menstrual products can be provided?
According to California law, menstrual products include tampons, pads, sponges, menstruation underwear, disks, and menstrual cups. However, these must also abide by the feminine hygiene health requirements as dictated by California law.
The Right to Know Act of 2020 requires manufacturers of menstrual products to disclose “intentionally added” ingredients on the labels and online descriptions of their products. This includes ingredients added for the purposes of fragrances, and non-fragrances.
Fragrance ingredients must be disclosed according to certain requirements. More information on these requirements can be found here.
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