HR6212-119

What This Bill Does

The Good Samaritan Menstrual Products Act protects menstrual product donations. A person, manufacturer, or distributor that donates apparently usable menstrual products in good faith to a nonprofit organization for ultimate distribution to individuals in need is not subject to civil or criminal liability arising from the nature, age, packaging, or condition of the products. A nonprofit organization that receives those products in good faith for distribution to people in need receives the same liability protection. The shield does not apply to gross negligence or intentional misconduct that causes injury to or death of a user or recipient. The bill defines menstrual product to include sanitary napkins, tampons, liners, cups, underwear, and similar menstruation items, and defines apparently usable as meeting all Federal, State, and local quality and labeling standards even if not readily marketable.

Who Benefits and How

Menstrual product donors benefit because good-faith donations of apparently usable products carry reduced civil and criminal liability risk. Menstrual product manufacturers benefit because they can donate surplus or not-readily-marketable products that still meet quality and labeling standards. Product distributors benefit from the same donation liability shield when donating through nonprofits. Nonprofit menstrual product programs benefit because they can receive and distribute donated products with liability protection. Individuals in need of menstrual products benefit if reduced liability risk increases donations of sanitary napkins, tampons, liners, cups, underwear, and similar items.

Who Bears the Burden and How

Injured product recipients may have less ability to sue over the nature, age, packaging, or condition of donated products unless gross negligence or intentional misconduct is shown. Nonprofit distribution staff must still confirm donated products are apparently usable and meet quality and labeling standards. Manufacturers and distributors lose the liability shield if gross negligence or intentional misconduct causes injury or death.

Key Provisions

• Creates civil and criminal liability protection for good-faith donations of apparently usable menstrual products.
• Extends liability protection to nonprofits that receive and distribute donated menstrual products.
• Limits the shield by preserving liability for gross negligence or intentional misconduct causing injury or death.
• Defines menstrual products and apparently usable products for the donation shield.