California Bill Challenges Diaper Transparency

A proposed law in California seeks to compel diaper manufacturers to divulge all chemicals in their products. Current regulations protect companies by allowing them to only report chemicals that pose a significant health risk. California Assembly Bill 1901 attempts to change this by January 1, 2028, making it mandatory for companies to reveal all intentionally added ingredients and their purposes for diapers manufactured, sold, or distributed in the state. By the following year, this information would need to appear on product packaging.

Motivations Behind the Bill

Democratic Assemblymember Marc Berman authored the bill. As a new father, Berman stresses the importance for parents to have informed choices regarding their children’s health. The bill easily passed the California Assembly, 68-1, and is expected to reach the state Senate soon.

Researchers found that most U.S. children use about 7,000 disposable diapers before completing toilet training. Diapers are also relied on by many seniors and roughly 20 million women in the U.S. Concerns over chemical hazards in diapers, including chemicals like phthalates and PFAS, have escalated. These chemicals can be part of the product without full disclosure, except in New York where full ingredient disclosure is mandated since 2025.

New York levies a civil penalty on manufacturers for non-compliance, capped at $1,000 per package. California’s proposal is stricter, setting first-time fines at $5,000 and $10,000 for repeated offenses. It would require manufacturers to list full ingredient details, including Chemical Abstracts Service (CAS) numbers, on a publicly accessible website and provide this information on packaging.

“Due to trade-secret laws, the ingredients that make up fragrance formulations don’t need to be listed on packaging in the U.S.,” noted Consumer Reports. “This means formulations might contain hundreds of ingredients but just list umbrella terms like ‘fragrance’ and ‘parfum’, exposing consumers to potential health risks unknowingly.”

The Environmental Working Group (EWG) supports the bill, highlighting parents’ right to know the substances in children’s products. “These are potentially toxic mystery cocktails,” they noted.

Support and Opposition

The bill is sponsored by several organizations, including the EWG and Consumer Reports. Prominent individuals like actress Hilary Swank and groups such as the Consumer Federation of California back it as well. Assemblymember Berman expresses pride in the initiative, emphasizing parents’ need for transparency.

However, opposition exists among groups like the California Chamber of Commerce and the Center for Baby and Adult Hygiene Products (BAHP). BAHP argues that diapers adhere to stringent safety standards, and their member companies often exceed regulatory requirements.

Next Steps

The bill was introduced in March and advanced through the Assembly floor in May, with only one dissenting vote. Recently, it moved past the Senate Appropriations Committee, preparing for a complete Senate vote.

The Senate Appropriations Committee estimates implementation costs at $535,000 in the 2027 to 2028 period, rising to $750,000 the subsequent year, before decreasing to $685,000 annually.