Tags: tampon | tax | lawsuit

Tampon Tax Lawsuit: 'No Way These Products Would Be Taxed if Men Had to Use Them'

Image: Tampon Tax Lawsuit: 'No Way These Products Would Be Taxed if Men Had to Use Them'
(Dreamstime.com)

By    |   Friday, 04 Mar 2016 08:01 AM

A tampon tax lawsuit has been filed by a group of New York women who say that the sanitary products should be exempted like other over-the-counter items commonly found in drugstores.

"Rogaine, foot powder, dandruff shampoo, Chapstick, facial wash, adult diapers, and incontinence pads are not taxed. Tampons and sanitary pads are," the group said in a release, CBS News reported.

"There is no way these products would be taxed if men had to use them," added Zoe Salzman, a lawyer for the women.

The group, which includes Margo Seibert, Jennifer Moore, Catherine O’Neil, Natalie Brasington, and Taja-Nia Henderson, argue in their filings that the 4 percent tax violates the Equal Protection clauses of both the United States and New York.

"The Department’s double standard for men and women finds no support in the tax law and serves no purpose other than to discriminate," the group stated, referring to the New York State Department of Taxation and Finance.

Not only are the women seeking to abolish the tampon tax, but they are also seeking $28 million in restitution on behalf of all New Yorkers who've bought the products over the last two years.

According to a report this year from The New York Times, "Five states have already created tax exemptions for tampons. One, Pennsylvania, threw in a tax break for toilet paper and diapers, reasoning that these items also seemed pretty necessary." 

As is often the case with questions of sales tax, the fight over whether or not to tax tampons and sanitary pads is a fight over definition.

In New York, many items are classified as "medical" items, such as Rogaine, facial wash, adult diapers, etc., but tampons are not.

Feminine hygiene products are "generally used to control a normal bodily function and to maintain personal cleanliness," according to the tax code, Gothamist reported. Product used to treat vaginal infections, by contrast, treat a "specific medical condition," and are included in the medical tax exemption.

Joseph Henchman of the Tax Foundation, a conservative think tank that tends to oppose sales tax exemptions in order to avoid the creation of double standards in the tax code, explained that, broadly speaking, "It’d be nice if necessities weren’t taxed, but necessity is subjective."

© 2017 Newsmax. All rights reserved.

 
1Like our page
2Share
TheWire
A tampon tax lawsuit has been filed by a group of New York women who say that the sanitary products should be exempted like other over-the-counter items commonly found in drugstores.
tampon, tax, lawsuit
375
2016-01-04
Friday, 04 Mar 2016 08:01 AM
Newsmax Inc.
 

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

NEWSMAX.COM
America's News Page
© Newsmax Media, Inc.
All Rights Reserved