Five women in New York are teaming up against the state on the unfair tax.
Five women in New York state have filed a lawsuit against New York's tax department it's commissioner, Jerry Boone, according to CNNMoney.
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Margo Seibert, Jennifer Moore, Catherine O'Neil, Natalie Brasington, and Taja-Nia Henderson want the state to stop imposing a 4% luxury tax on any and all feminine hygiene products.
The complaint stems to guidelines published in 1998 and 2014 that categorize feminine hygiene products like pads and tampons as "general merchandise" that gets taxed, unlike "medical supplies' which are exempt from taxes.
"There can be only one explanation for the Department's decision to tax tampons and pads but not Rogaine, dandruff shampoo, foot powder, chapstick, and so many other less medically necessary products also used by men...[these products] are used by women only," the complaint reads.
The crux of their argument is that sanitary pads and tampons "serve multiple medical purposes. They are not luxury items, but a necessity for women's health." Even President Obama has complained about the tax, calling it "unfair." The Federal Food and Drug Administration does categorize feminine hygiene products as "medical devices."
Each year, New York women pay $14 million in taxes on these products. The plaintiffs are seeking class action status and "restitution and damages in an amount to be determined at trial," as well as an immediate end to the tax.
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New York isn't the only state that may change the tax status of feminine products, as California, Utah, and Virginia are also facing similar cases.