‘Tampon Tax’ Class Action Lawsuit Filed in Ohio

A class action lawsuit filed in Ohio alleges the state unfairly charges taxes on feminine hygiene items like tampons and sanitary napkins.

Lead plaintiffs Stephanie Rowitz, Jamie Weisbarth, Madison R. Weisbarth and McKenna L. Weisbarth claim that the Ohio Department of Taxation imposes a tax on the sale of menstrual sanitary products in violation of both state and federal law. The plaintiffs allege that the tax is “is a vestige of another era, and now it is time to end it.”

“A tax on tampons and pads is a tax on women,” allege the plaintiffs in the class action lawsuit. Additionally, “[t]he ‘Tampon Tax’ is irrational. It is discrimination. It is wrong,” they argue. “Defendants should be required to follow the law, and return the many millions of dollars they took illegally at the expense of women’s health.”

The plaintiffs point out that “The State of Ohio does not tax most medical items. But the Department imposes a double standard when defining medical items for women and men. Medical products exclusively for women are taxed. Medical products also used by men are not taxed. Necessary medical products used by both men and women are not taxed.”

This class action joins another filed earlier this month in the state of New York alleging that the 4 percent sales tax that’s imposed on tampons and maxi pads is unconstitutional. In that case, the plaintiffs pointed out that tampons and sanitary pads, which happen to be items used only by women, are subject to New York sales tax, while items such as foot powder, chapstick, face wash, Rogaine, dandruff shampoo, incontinence pads and adult diapers are not.

The plaintiffs in the Ohio class action lawsuit allege that the Ohio Department of Taxation subjects a 5.4 percent sales tax on sales of tangible personal property, including feminine hygiene products, and counties in Ohio can slap another 3.35 percent sales tax on top of that as well.

The plaintiffs point out that a long list of products are exempt from sales tax, including “drugs,” “prescriptions,” “durable medical equipment,” and substances “intended to affect the structure or any function of the body.”

However, the class action states that even though “a broad group of health products that qualify for exemption from the sales tax, the Department and its Commissioner have deliberately chosen to tax tampons and pads.”

The plaintiffs allege that feminine hygiene products are not luxury items, but a necessity for women’s health. “Tampons, sanitary pads, and other feminine hygiene products are used to staunch the flow of menstrual blood and prevent encrustation and detritus. It prevents the transmission of blood and byproducts of bodily fluids to others,” they claim.

“Without access to tampons and pads,” allege the plaintiffs, “women are forced to use unsanitary and dirty rags – which can lead to bacterial infections and an increased risk of diseases such as cervical cancer- or have nothing at all to staunch the blood, which poses a risk to the health of women and the public.”

The plaintiffs seek to represent a Class of women in Ohio who purchased tampons and/or sanitary pads and paid sales tax on those purchases.

The plaintiffs in the Ohio case are represented by Ray, Robinson, Carle & Davies Co., L.P.A.and Underberg & Kessler LLP.

The Ohio Tampon Tax Class Action Lawsuit is Stephanie Rowitz, et al. v. The Ohio Department of Taxation, et al., Case No. 2016-00197 in the Court of Claims of Ohio.