Walgreens Charges Women More Than Men for Identical Hair Loss Product, Class Action Claims

Walgreens has been charging women almost 1.5 times more than men for the exact same hair loss treatment formula, a new class action lawsuit alleges.

In a class action lawsuit filed Tuesday in California federal court, Plaintiff Brigette Lowe said Walgreens Boots Alliance Inc. and its subsidiary Walgreen Co had been violating the law by charging women a higher price than men for identical products.

It alleges Walgreens has been imposing a “pink tax” on functionally identical “women’s versions” of its Minoxidil Topical Aerosol 5% (Foam), Hair Regrowth Treatment for Women.

The “pink tax” refers to gender-based pricing discrimination: When products or services marketed to women cost more than those same products when marketed to men.

“Numerous studies and articles have found that, women, on a systematic widespread basis, are charged more than men for comparable products or services,” the class action says. It claims women pay, on average, 13 percent more than men for similar personal care products.

Walgreens designs its packaging to mislead consumers into thinking its women’s version of the product is specially formulated for women as opposed to men, the class action alleges. It then ramps up the price.

“As of March 25, 2021, the Women’s Product costs nearly 1.5 times as much per ounce than the Men’s Product on Walgreens’ website,” the class action alleges.

Despite their distinct packaging, the women’s and men’s products contain the same active ingredient and formulation of minoxidil 5%. 

Lowe is suing under California’s Unruh Civil Rights Act, which prohibits businesses from participating in pricing discrimination towards consumers based upon their sex or gender. 

She is also suing under California false advertising and consumer laws, and looking to represent California residents who bought the product.

Lowe is asking for certification of the class action, a declaration that Walgreens engaged in illegal conduct, enjoinment preventing Walgreens from continuing charging women more for the same product, damages, compensation, interest, fees and a jury trial. 

Meanwhile, Walgreens is not the only company facing class action over alleged “pink taxes.” In 2019, Dove faced a class action lawsuit claiming it charges more for women’s skin care products than men’s even though the items are substantially the same. 

That same year, Schick was accused of ratcheting up the prices of its razors for female customers.

What do you think of companies adding a so-called “pink tax” to products? Let us know in the comments! 

Lowe is represented by Robert C. Schubert, Noah M. Schubert and Alexandra K. Green of Schubert Jonckheer & Kolbe LLP.

The Walgreens Hair Loss Class Action Lawsuit is Brigette Lowe v. Walgreens Boots Alliance Inc. et al., Case No. 3:21-cv-02852, in the U.S. District Court for the Northern District of California.

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