Tampon Tax Lawsuit,New York State's tampon tax is a “vestige of another era” that discriminates against women, a new lawsuit charges.
The suit, brought by five Manhattan women, names the state Department of Taxation and Finance as a defendant.
Court papers note that the Empire State does not tax medical items such as Rogaine, foot powder, dandruff shampoo, ChapStick, facial wash, adult diapers and incontinence pads.
But medical items used only by women — tampons and sanitary pads — are taxed.“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 suit says.
“It is . . . undisputable that tampons and sanitary pads serve multiple medical purposes. They are not luxury items, but a necessity for women’s health.”
The average woman spends at least $70 per year on tampons and pads, according to court papers, earning the state a total of $14 million in taxes each year.
“There’s nothing luxurious about tampons,” said Tish Jennings, 39, of the Upper West Side. “They’re necessary to a woman’s personal health. It’s sickening how much they’re (the government) making off them.”
“It’s not 1955,” she added. “It’s absolutely a double standard when these female-only items are taxed.”
One of the plaintiffs, Catherine O’Neil, 43, said the tax hits poor women especially hard
“It’s a regressive tax. Poor women don’t have the ability to buy tampons in bulk. They buy in small packages and thus they are taxed more,” she said.
The suit seeks an order permanently banning the state from taxing tampons or pads.Assemblywoman Linda Rosenthal (D-Manhattan) recently introduced legislation in Albany to end what she called “a regressive tax on women and their bodies.”Advocates said they’re very hopeful the legislation will gain momentum this year.
Gov. Cuomo, the father of three girls, signaled the end of the tax was near.
“We agree that sales tax on these products should be repealed and will work with the legislature to do so,” Cuomo spokeswoman Dani Lever said.
The push to end the taxing of tampons has gained traction in several states, including California.
The suit, brought by five Manhattan women, names the state Department of Taxation and Finance as a defendant.
Court papers note that the Empire State does not tax medical items such as Rogaine, foot powder, dandruff shampoo, ChapStick, facial wash, adult diapers and incontinence pads.
But medical items used only by women — tampons and sanitary pads — are taxed.“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 suit says.
“It is . . . undisputable that tampons and sanitary pads serve multiple medical purposes. They are not luxury items, but a necessity for women’s health.”
The average woman spends at least $70 per year on tampons and pads, according to court papers, earning the state a total of $14 million in taxes each year.
“There’s nothing luxurious about tampons,” said Tish Jennings, 39, of the Upper West Side. “They’re necessary to a woman’s personal health. It’s sickening how much they’re (the government) making off them.”
“It’s not 1955,” she added. “It’s absolutely a double standard when these female-only items are taxed.”
One of the plaintiffs, Catherine O’Neil, 43, said the tax hits poor women especially hard
“It’s a regressive tax. Poor women don’t have the ability to buy tampons in bulk. They buy in small packages and thus they are taxed more,” she said.
The suit seeks an order permanently banning the state from taxing tampons or pads.Assemblywoman Linda Rosenthal (D-Manhattan) recently introduced legislation in Albany to end what she called “a regressive tax on women and their bodies.”Advocates said they’re very hopeful the legislation will gain momentum this year.
Gov. Cuomo, the father of three girls, signaled the end of the tax was near.
“We agree that sales tax on these products should be repealed and will work with the legislature to do so,” Cuomo spokeswoman Dani Lever said.
The push to end the taxing of tampons has gained traction in several states, including California.
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