New 'Good Samaritan' Bill Shields Donors Who Give Menstrual Products to Those in Need

The Good Samaritan Menstrual Products Act is a straightforward piece of legislation designed to tackle a hidden problem: period poverty. Essentially, the bill provides legal protection—a liability shield—for companies, manufacturers, distributors, and individuals who donate menstrual products (like tampons, pads, cups, etc.) to nonprofit organizations for distribution to people in need. The main goal is to encourage more donations by removing the fear of lawsuits over product condition, as long as the donation is made "in good faith" and the products are "apparently usable." This protection is broad, covering both civil and criminal liability related to the age, packaging, or condition of the donated items (SEC. 2).

Clearing the Legal Hurdles for Charity

Think of this bill as the legal equivalent of saying, "It's okay to donate that slightly dented can of beans, even if the label is peeling, as long as the food inside is safe." Currently, organizations that want to donate large quantities of products—like a manufacturer with a surplus of last year's packaging—might hesitate because of the legal risk if someone were to claim injury from a product that wasn't perfectly shelf-ready. This bill eliminates that hesitation, making it easier for nonprofits to secure essential supplies. For instance, a distributor might have a pallet of pads with slightly damaged outer boxes that can’t be sold in stores; this bill allows them to donate those products without worrying about being sued over the packaging condition.

What “Apparently Usable” Actually Means

The liability protection hinges on two key definitions. First, "menstrual product" is broadly defined to include virtually everything used for menstruation (SEC. 3). Second, and more importantly, the product must be "apparently usable." The bill defines this as meeting "all quality and labeling standards required by Federal, State, and local laws and regulations, even if the product is not easily marketable" (SEC. 3). This is where the bill gets interesting. It means a product can be donated even if it's near its expiration date or has slightly damaged packaging—things that make it unsellable in a grocery store—as long as it still meets the legal safety and quality baseline. This provision is crucial for unlocking large volumes of inventory that would otherwise be wasted.

Where the Shield Drops: Gross Negligence

While the bill is designed to protect good-faith donors, it isn't an absolute free pass. The liability protection immediately disappears if the act or omission constitutes gross negligence or intentional misconduct that results in injury or death to the user (SEC. 2). This is a critical check-and-balance. If a manufacturer knowingly donated products that had been recalled or were visibly contaminated, they would not be protected. This ensures that while we encourage donations, we don't compromise basic safety. If you receive a product that genuinely hurts you because of a donor's reckless behavior, you still have legal recourse.

The Real-World Impact for Families

For the average working family or student struggling with costs, this bill means improved access to essential hygiene products distributed through food banks, shelters, and community organizations. By lowering the legal risk for large-scale donors, the bill should increase the supply of products flowing into the charitable system. Essentially, it streamlines the supply chain for charity, turning what might have been warehouse waste into practical help for people who need it most. It’s a simple, targeted fix aimed at encouraging corporate and individual generosity by providing legal peace of mind.