A group of five women have filed a class-action lawsuit against the state of New York as they want to eliminate the four percent "luxury tax" on tampons and sanitary napkins. The women pointed out that the tax is a form of double standard as it is under medical products.
Tampons and sanitary napkins are said to be under medical products but are exclusively used by women. The lawsuit says that currently, women pay around $14 million in taxes on tampons and pads ever year, The Mary Sue reported.
The lawsuit adds that the New York State Department of Taxation and Finance considers "Rogaine, foot powder, dandruff shampoo, chapstick, facial wash, adult diapers, and incontinence pads to be medical items" and these are not taxed. While tampons and sanitary napkins, which are "far more necessary" for the preservation of health as opposed to the aforementioned products, are being taxed, Legal Reader reported. The women pointed out that the purpose for the tampons and sanitary napkins being taxed is to discriminate.
Illan Mazel, a Manhattan lawyer representing the plaintiffs, said the women's goals in suing the state is for them to provoke a rollback on "illegal taxes." If the lawsuit will be successful, it is possible that a refund to at least five million women could take place. Mazel added that if women will not have access to tampons and sanitary pads, they will force to resort to the usage of unsanitary and dirty rags, which could lead to infections and diseases.
As of now, only five states have repealed the luxury tax on tampons and sanitary napkins, which are Maryland, Massachusetts, Pennsylvania, Minnesota and New Jersey. That leaves 40 more states taxing sanitary pads and tampons but Wisconsin, Chicago, Utah, Ohio, California and Connecticut have proposed legislations to eliminate the tax on the aforementioned products, NPR reported.
New York's State Department of Taxation and Finance have not yet commented on the lawsuit.
