‘Tampon Tax’: What It Is and Why You Should Care
What does Viagra, Chapstick, donuts and dandruff shampoo all have in common? They are all exempt from sales tax in most U.S. states because they are considered basic necessities. What’s missing from that list? Menstrual products. Periods are a part of the lives of roughly half of the population on the planet, they pretty much make the reproduction of human life possible – and yet, 33 states still tax menstrual products as luxury items.
This sales tax—usually called the ‘tampon tax’—definitely deserves our attention. Put simply, tampon tax means the revenue earned from the value added tax charged on menstrual products. But does this mean that there is a specific tax on tampons? No, it doesn’t.
Sales taxes are charged on all “tangible personal property,” and menstrual products are included in this group. But the thing is, states also have the authority to make sales tax exemptions for products deemed “basic necessities,” usually groceries, certain types of foods, drugs (yes, you can include Viagra here), and even clothes in a few states. So, when a state sales tax is imposed on menstrual products, it essentially means that these products are being categorized as ‘luxury items.’
I know…Apologies for stating the obvious, but tampons, pads, cups and other menstrual products are definitely not luxury items. These products are vital on a monthly basis for
all menstruating people. The tampon tax is an extra financial burden that women, non-binary and transgender people must bear on top of the cost of already expensive and biologically necessary items. As all menstruating people well know, these items are absolutely needed for us to go to school, to work, to socialize—to basically be able to participate in public life.
But Is it Really a Big Deal?
To a person with a steady income or with accumulated wealth, spending a few extra dollars on tampons or pads every year might not sound like a huge deal. But for women with a lower socioeconomic status, tampon prices can be a big part of their income. In fact, forty percent of non-elderly U.S. adults had difficulty meeting a basic need like food, housing or health care in 2018, according to a research conducted by the Urban Institute. For the menstruating people in this group, the tampon tax has a real impact. With nearly 14 percent of girls and women living below the poverty line in the U.S., the price for essential menstrual products is no small issue.
But to fully understand the relevance of the tampon tax on menstruating people’s lives, we need to first understand what period poverty means. According to the Vision and Voice of Women in Medicine (AMWA), "period poverty refers to the inadequate access to menstrual hygiene tools and education, including but not limited to sanitary products, washing facilities, and waste management." Period poverty risks social isolation and is a health issue. It increases the chance of infection due to the use of unhygienic alternatives, for example toilet paper, newspaper or even socks instead of proper menstrual products.
You might be surprised to know that in the U.S., the richest country on earth, period
poverty is a thing. In fact, 1 in 4 Women struggled to purchase period products in 2017 due to lack of income, according to the National Diaper Bank Network. 1 in 5 teens have struggled at some point to afford period products and 84% of American teens have either missed or know someone who has missed school due to period poverty, according to a research commissioned by Thinx & PERIOD.
On top of the income burden, people with uteruses can’t even get period products through government assistance programs like SNAP or Medicaid. Also, pads and tampons are one of the most-requested items in shelters and food banks, as reported by Bloomberg. So, yes, state sales taxes on these products are definitely a big deal.
So, Why Can’t We Get Rid of the ‘Tampon Tax?’
Because of the way that the tax system works in the U.S, there can’t be a national legislation for
sales taxes; hence change needs to occur at the state level. And because each year states generate millions in revenue from the tampon tax, abolishing it is obviously not easy.
The loss of revenue is the most commonly used argument in favor of the tampon tax. Some even argue that creating exemptions for individual items is unreasonable. For example, Katherine E. Loughead, a policy analyst at the Tax Foundation, a conservative think tank in Washington said: “Every time another exemption is passed, it means the tax rate that applies to everything else will have to increase in order to generate that same amount of revenue,”.
But it might be worth remembering that the current administration managed to pass a $1.5 trillion tax package that cuts individual rates and slashes the top corporate tax rate. So, seemingly the loss of revenue is not necessarily an unmanageable problem. Also, focusing on revenue loss actually misses the central point in the conversation around the tampon tax, which is that menstrual products are, undeniably, basic necessities. As long as there are exemptions in sales taxes, the discussion should be focused on which products are in fact essential—not on what the tax revenue impact of eliminating these taxes is.
But There Is Progress Being Made
The tampon tax has been abolished in several states, as well as in other countries. Canada's tax on feminine hygiene products, for example, was lifted in 2015, after thousands signed an online petition on the matter. In Britain, the tax will be abolished once Brexit is complete, and until then, taxes from menstrual products are being put into a special fund for women’s health. Germany, India, Malaysia and Australia have also ended the tax. Also, between 2016 and 2018, Nevada, New York, Florida, Connecticut and Illinois eliminated the tax, while many other states also introduced bills to do so.
There is evidence that the public opinion is shifting towards ending the tax. The market research company OnePoll surveyed 2,000 women in the U.S. in 2019 and found that 67 percent of respondents thought a tax on period products was sexist. Advocacy around menstrual equity—i.e., the adequate access to menstrual hygiene products and education about reproductive health—has gained traction in recent years. Some advocates are even seeking to mobilize legal action based on the idea that the tampon tax is unconstitutional. The campaign Tax Free. Period., for example, was founded in June 2019 and aims to end the tampon tax with the argument that, because it only applies to people who menstruate, it constitutes a form of sex-based discrimination, which basically means that it is unlawful.
Conversations around period poverty expand beyond the tampon tax, though. They also include making menstrual products available in public restrooms, prisons, shelters, schools, as well as the implementation of educational programs and campaigns to end the stigma around periods. Menstrual hygiene is essential for people’s health and for their ability to participate in public life—it should be available for all. The fact that menstrual products are still subject to sales taxes as luxury items in 33 states is a testament that there is still a long way to go until we achieve menstrual equity. But change will come as more people continue to use their voices to convey the idea that menstrual products are a right, not a luxury.
Take action:
https://www.period.org/get-involved
https://www.globalcitizen.org/en/content/tax-free-period-lola-campaign-tax-day/
https://www.taxfreeperiod.com/protest
https://hashtaghappyperiod.org
