The History of the Regulation of Menstrual Tampons

Abstract

This paper examines the regulation of menstrual tampons in the United States from their introduction to the market some twenty five years ago to the standards that govern them in the twenty first century. After a brief replay of the introduction of the tampon into the US, this paper discusses the background regulatory scheme for such a medical device. Next, this paper traces the development of the federal rules regulating tampons and tampon packaging, as well as the battles fought in courts of law to accomplish this goal. Finally, topics related to tampon regulation are explored, including the debate over tampon ingredient labeling and the preemption of state law by the federal regulation of tampons.