14 Years and Still No Reprieve: The Long Road to Fragrance-Free Public Spaces in New Hampshire
- Sher
- Jun 8
- 4 min read
Most people assume a baseline of health and safety when entering a public building. There is an unspoken trust that building owners and managers are protecting the well-being of occupants and visitors. But what happens when they don’t?
For over 14 years, in the “live free or die’’ state, New Hampshire constituents have been raising their voices about a hidden barrier to civic participation: the health risks associated with scented products in public buildings. What began in 2012 as an attempt to regulate the personal choices of state employees has evolved in 2026 into a focused effort to manage the state's own procurement and facility maintenance within state-owned buildings.
The 2012 Spark: Regulating the Individual
The conversation first reached the State House in 2012 with House Bill 1444. This early attempt was ambitious, seeking to prohibit state employees who worked directly with the public from wearing fragrances or using scented products during regular business hours. This is in alignment with the CDC’s own words “Fragrance is not appropriate for a professional work environment, and the use of some products with fragrance may be detrimental to the health of workers with chemical sensitivities, allergies, asthma, and chronic headaches/migraines.”
The bill's sponsor, Representative Michele Peckham, argued that while it might seem trivial to some, it was a vital health issue, noting that many people suffer "violent reactions to strong scents." At the time, advocates pointed out that even small amounts of fragrance could trigger debilitating asthma attacks or migraines. However, the bill faced significant hurdles. The Constitutional Review and Statutory Recodification Committee ultimately recommended killing the legislation, citing a constitutional conflict between the individual rights of employees and the health needs of the public. HB 1444 was officially voted "Inexpedient to Legislate" in February 2012.
The 2026 Shift: Regulating the Environment
The easiest way to protect indoor air quality is to not introduce pollutants in the first place. Fast forward to 2026, and the strategy has shifted from personal mandates to environmental management. The bipartisan House Bill 1544, also known as the NH Fragrance-Free Public Buildings Act, focuses strictly on the physical environment of state buildings. Not the people. Not the patrons.
Rather than banning perfume on individuals, this new legislation targets three specific areas within state-owned or operated buildings open to the public:
Cleaning Products: Requiring the use of fragrance-free cleaning supplies.
Restroom Supplies: Mandating fragrance-free soaps and personal hygiene products.
Air Fresheners: Prohibiting continuous "fragrance-dispensing devices," such as plug-ins and aerosol sprays.
The 2026 bill is rooted in Legislative Findings that emphasize accessibility. It argues that because scented products can trigger severe medical conditions like asthma or chronic allergies, limiting them serves the public interest by ensuring the government remains truly "open to all the people." This aligns with long-standing recommendations from the American Medical Association and the American Lung Association, which advocate for fragrance-free environments to create safer workplaces and public spaces.
The Ongoing Battle
Despite this narrowed, common-sense focus, the bill faces intense opposition. On April 30, 2026, a coalition of industry groups, including the American Cleaning Institute and the Fragrance Creators Association, issued a letter urging the Senate to oppose HB 1544. They argued the bill was an "overbroad categorical restriction" and warned it could lead to "unintended consequences" like malodors in public facilities. The days of outhouses are gone. Proper ventilation goes a long way to move stagnant air.
The bill's momentum was quickly derailed. Because it had previously passed with overwhelming support in both chambers, it was placed on the Senate's consent calendar - a mechanism intended for fast, automatic passage without floor debate. It was scheduled to pass seamlessly during the May 7 Senate session. Instead, an objecting senator pulled it from the calendar, and another successfully tabled it. One has to wonder why.
The legislative journey only grew more complex from there. Refusing to let the issue die after the Senate sidelined it, the House recently attached the language as an amendment to SB 298, designating it a "House priority bill."
Representative Layon, Chair of the House Executive Departments and Administration Committee, delivered a powerful floor speech today in favor of the amendment. She specifically referenced recent high-profile accessibility lawsuits against major corporations like Marriott, warning that failing to pass HB 1544 leaves the state exposed to severe legal and financial risk. Now why would we want to do that, let us not forget the Detroit case. Susan McBride a civil servant -vs- City of Detroit, Michigan. (Case No. 07-12794) Susan won a $100,000 settlement from the city after officials failed to accommodate her allergy to perfume.
Yet, following a motion to nonconcur, the bill stalled once again. Advocates are left in dismay, watching years of grassroots progress halted by a single industry letter.
Why It Matters
For 14 years, the core argument from New Hampshire residents has remained unchanged: public participation should not be gatekept by environmental triggers. Health advocates frequently compare the issue to second-hand smoke, a pervasive, airborne irritant that effectively bars vulnerable citizens from entering the very legislative hearings where they wish to be heard.
New Hampshire’s decade-plus debate reflects a growing realization that accessibility isn't just about ramps and automatic doors; it is about the very air we breathe.
A government that serves everyone must ensure that everyone can participate, but we cannot claim our government is "open to all" when the air inside our public spaces leaves our most vulnerable citizens gasping for the literal breath required to speak their minds.
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