'Tampon Tax' lawsuit against Michigan aims to end sales taxes on menstrual hygiene products

DETROIT — Paying taxes on menstrual hygiene products could possibly come to an end because an organization has sued Michigan over the additional costs.

Advocates and an organization called Period Equity assisted three Michigan women in filing a lawsuit against the state, alleging that charging taxes "on the purchase of menstrual products is sex-based discrimination."

Jennifer Weiss-Wolf, co-founder of Period Equity, called the menstrual product taxes "unfair, inequitable and unconstitutional." Weiss-Wolf said that the pandemic has added strains to people in Michigan, and relieving menstrual product taxes could help.

"We've been working with economists in the state whose research shows that the economic environment and the circumstances of the pandemic have exacerbated the living the lives, financial status and strength of women disproportionately in the state," Weiss-Wolf said. "We think this is a reasonable and important form of tax relief that the state can offer."

In the lawsuit, the three women, Emily Beggs, Clare Pfeiffer and Wei Ho, allege that Michiganders are paying the 6% sales or use tax, which is adding up to almost $7 million a year. The plaintiffs are also asking that refunds get issued to those who paid menstrual product taxes over the last four years, which the lawsuit states adds up to over $25 million.

Pfeiffer, a volunteer for I Support the Girls — Detroit, says this is a need that should be addressed. She says that menstrual products should not be a luxury item, but she's heard too often that it is.

"We hear all the time about women having to choose whether or not to buy products, feed their families or pay their bills," said Pfeiffer. "To me, the tax on this product that only people who have periods use is unfair because it unfairly picks one sex over another to levy a tax."

Laura Strausfeld, co-founder of Period Equity, said that these taxes affect everyone, especially people who menstruate. She says that bills about the taxes have been introduced many times, but meetings end without it being address. Strausfeld said this is why they're suing.

"It just seems even worse than it use to be that Michigan is collecting tax on medical necessities used by half the population," Strausfeld said.

And Michigan isn't the only state that has been sued over the menstrual product taxes. New York and Ohio are among others where Period Equity has brought the lawsuit to the court.

"We'd be very happy if legislatures around the country, Michigan included, finally get these bills out of committee, put them to a vote and pass them," said Strausfeld.

The Period Equity nonprofit campaign is working to ensure accessible menstrual products, safety and affordability. Its "Tampon Tax" initiative is working to end the sales taxes in the 40 states that were still imposing them. Since they started their initiative, 10 states have ended sales taxes on the products.

"What's really interesting about that track record is that it's blue states, it's red states, it's Republican governors, it's Democratic governors signing those bills," said Weiss-Wolf.

"It's not a partisan issue — it's really a common sense issue. We continue to wage this fight across the nation."

This article originally appeared on Detroit Free Press: Tampon Tax: Women's period products lawsuit cites sex discrimination