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 ...
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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 The new law fully repealed state taxes on tampons and sanitary pads.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.
Lauren Latterell Powell - 02/03/2018
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