Bill would protect donors and nonprofits distributing donated menstrual products, sponsors say

Sen. Victor Rountree introduced LB545 to create immunity from civil and criminal liability for donors and nonprofit distributors of menstrual products, including tampons. Rountree said manufacturers and organizations frequently wish to donate excess inventory but are restricted from donating certain products—most notably tampons—because tampons are classified by the U.S. Food and Drug Administration as Class II medical devices and require manufacturer tracking that period supply banks cannot maintain.

Proponents described unmet need and operational strain for Nebraska nonprofits. Kristen Lowry, founder and executive director of Access Period, said her organization distributed 423,000 tampons in 2024 at a cost of $55,000 and spent $26,000 on 200,000 tampons in the first quarter of 2025; Access Period and other organizations said donated tampons would let them serve more people and better match product preferences. Britney Perry of Big Brothers Big Sisters of the Midlands testified that households with many menstruators can face monthly costs she estimated at about $150 per menstruator in total supplies. Cindy Maxwell Austic of the Nebraska Menstrual Equity Coalition and other witnesses pointed to examples from other states: Tennessee and Maine passed similar protections in 2021, Rhode Island in 2022, Texas in 2023 and Illinois in 2024; proponents said a large corporate donation to states with liability protection (an 8 million tampon donation cited in testimony) showed the practical effect of the laws.

Opponents and cautious stakeholders raised safety and tracking questions. Senator Wendy DeBoer and others asked how to preserve the ability to notify consumers in the event of a manufacturer recall or product defect; witnesses said period supply banks can and do track distributions and can notify recipients where feasible, but that tracking class‑II device serial numbers exactly like a manufacturer would be operationally difficult. The introducer said he is working with the Bar/Attorney Association on drafting amendments to address concerns about immunity scope and tracking. The committee received extensive written support (68 proponent letters, one opponent) and multiple in-person proponent testimonies; no committee vote was taken and the sponsor said he will continue to negotiate statutory language.