TRENTON, N.J. – As New Jersey continues to combat ‘period poverty,’ or the inability for some women and girls to purchase menstrual products, a need to protect the people who donate to the cause has also grown. The Assembly Judiciary Committee on Monday passed the New Jersey Feminine Hygiene Product Donations Immunity Act, sponsored by Assemblywoman Michele Matsikoudis, by a unanimous vote.
“Purchasing menstrual products can be cost prohibitive for many New Jerseyans who are struggling financially. While the state has made strides to ensure all women and girls have access to safe and hygienic products, more donations are needed. In order to encourage people’s generosity, we need to put safeguards in place to protect donors from the rare case of being held liable due to an injury,” Matsikoudis (R-Union) said.
Under the measure (A4533), good faith donors, including hospitals and other health care facilities, and charitable and nonprofit organizations, would be immune from civil and criminal liability if the donated product resulted in an injury or death.
In the United States, tampons and menstrual pads are the most commonly used menstrual products. Toxic shock syndrome, a rare complication that affects about 1 tampon user in 100,000, can cause illness, hospitalization and even death in the most severe cases. Doctors recommend opting for lower absorbency tampons and changing them every four to eight hours to lower the risk of toxic shock.
“Women will need up to 10,000 feminine hygiene products like tampons and pads during their lifetime. Unfortunately, low income women may end up using a product for far too long, because they can’t afford to buy more and this raises their risk of infection,” Matsikoudis explained. “It is a risk that can be avoided with the proper education and supply of products. The charities supplying the products should not be held responsible.”
Poor menstrual hygiene can cause infections that can also result in future infertility and birth complications. When women and girls are forced to reuse pads or instead use products like rags and paper towels, they are at a heightened risk for urinary tract infections and bacterial vaginosis. A lack of access to products also has mental health implications like increased anxiety and depression.
“Reducing the impacts of period poverty means more than just providing products. Donations provide dignity and better health outcomes. This bill is about recognizing the fact we live in a litigious society and protecting those who act in good faith,” Matsikoudis said.