Pink Tax Class Action Over Walgreens Hair Loss Products Tossed

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Walgreens Pink Tax Class Action Lawsuit Overview:

• Why: The judge ruled the products in question are labeled according to US Food and Drug Administration (FDA) requirements.
• Who: A federal judge tossed a class action lawsuit against Walgreens Boots Alliance Inc.
• Where: The class action lawsuit was filed in California federal court.

A California federal judge dismissed a proposed class action lawsuit brought against Walgreens alleging the pharmacy company charged a “pink tax” premium on women’s hair loss products. 

US Magistrate Judge Sallie Kim ruled that US FDA labeling regulations preclude the complaints made in the class action lawsuit. The hair loss products in question are generic versions of the brand name drug Rogaine, and therefore must be “labeled identically to Rogaine’s products under federal law.” 

Pink Tax Class Action Says Women Charged More

Plaintiff Brigette Lowe accused Walgreens of charging women a higher price than men for functionally identical products, namely the Minoxidil Topical Aerosol 5% (Foam), Hair Regrowth Treatment for Women. This practice, Lowe and the class action lawsuit argued, violated civil rights and consumer protections laws. However, Judge Kim ruled that the laws cited in the class action lawsuit did not apply to her complaints.

Meanwhile, Walgreens is not the only company to face a 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 about this dismissal of the pink tax class action? Sound off in the comments section below!

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

The Walgreens Pink Tax Class Action Lawsuit is Lowe v. Walgreens Boots Alliance Inc., et al., Case No. 21-cv-02852-SK, in the U.S. District Court for the Northern District of California. 

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