Bleeding Women Dry : Tampon Taxes and Menstrual Inequity

Authors: 
Title: 
Bleeding Women Dry : Tampon Taxes and Menstrual Inequity
Journal Citation: 
113(1) NORTHWESTERN UNIVERSITY LAW REVIEW, 109-154 (2018)

Most US states impose a “tampon tax”, or sales tax on menstrual hygiene products, although some states and cities have successfully passed legislation to exempt menstrual hygiene products from the sales tax. This note evaluates the pros and cons of repealing the tampon tax from a tax policy standpoint. While repeal is usually undesirable as a matter of tax design, the tampon tax should be repealed because menstrual hygiene products are necessities and the tampon tax is discriminatory. This note argues for a menstrual health credit provided to women of menstruating age to bridge the financial disparity gap between women who must pay for menstrual hygiene products and men who don’t. This note further compares the proposed tax credit to other proposals to combat menstrual inequity, including free-tampons program and expansion of welfare benefits to include tampons and concludes that a tax credit would create fewer administrative complexities, reach more women overall and is less stigmatizing.