Filed Date: March 3, 2016
Closed Date: 2016
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On March 3, 2016, a group of five women residents of New York State, filed this class action lawsuit in New York State Court against the New York State Department of Taxation and Finance. Plaintiffs claimed that the State's "Tampon Tax," which imposed a tax on the purchase of tampons and sanitary pads, violated the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, Article One of the New York Constitution, and New York tax law. Specifically, Plaintiffs alleged that the State discriminated against women by singling out tampons and sanitary pads for taxation, while exempting from all other medical products from tax, including those used exclusively by men, such as Rogaine or men's deodorant. Represented by private counsel, plaintiffs sought declaratory and injunctive relief and damages.
Shortly after plaintiffs filed their Complaint, the New York legislature passed legislation to end the tax. It was signed by Governor Cuomo in July of 2016. The new law fully repealed state taxes on tampons and sanitary pads.
The law mooted plaintiffs' claims for injunctive relief, and it appears they did not continue to pursue their claim for damages. The case has been closed since July of 2016.
Summary Authors
Lauren Latterell Powell (2/3/2018)
Brinckerhoff, Matthew D. (New York)
Maazel, Ilann M. (New York)
Salzman, Zoe Antonia (New York)
Last updated Aug. 30, 2023, 1:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Public Accommodations/Contracting
Key Dates
Filing Date: March 3, 2016
Closing Date: 2016
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Five women residents of New York affected by the state's "tampon tax."
Plaintiff Type(s):
Attorney Organizations:
Emery Celli Brinckerhoff & Abady LLP
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
New York State Department of Taxation and Finance, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Source of Relief:
Issues