Pink Tax Repeal Act

Bill Number

H.R. 3374

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Commerce

Status

Introduced

Latest Action

2025-05-13: Referred to the House Committee on Energy and Commerce.

Last Updated

2025-06-09T14:44:32Z

AI-Generated Summary

Purpose

The Pink Tax Repeal Act aims to eliminate discriminatory pricing practices known as the "pink tax," where consumer products or services are priced higher simply because they are marketed or intended for use by individuals of one gender (typically women) compared to substantially similar items for the other gender. It seeks to promote fair pricing in interstate commerce.

Key Provisions

• Prohibition on Gender-Based Pricing:
• For consumer products: It is unlawful to sell or offer for sale two products from the same manufacturer that are substantially similar but priced differently based on the gender they target. "Substantially similar" means no major differences in materials, intended use, functional design, or features; differences in color do not qualify as substantial.
• For services: It is unlawful to price substantially similar services differently based on the gender of the recipients. "Substantially similar" means no major differences in the time required, difficulty, or cost to provide them.
• Enforcement by Federal Trade Commission (FTC):
• Violations are treated as unfair or deceptive acts under the FTC Act, allowing the FTC to investigate, enforce, and impose penalties like fines or injunctions.
• The FTC has the same powers as under existing consumer protection laws, without limiting its other authorities.
• State Enforcement:
• State attorneys general (or other authorized state officials) can file civil lawsuits in federal court to stop violations, require compliance, or seek damages/restitution for affected residents.
• They must notify the FTC at least 10 days before filing (with exceptions for urgent cases), and the FTC can intervene.
• States retain their own investigative powers and can pursue state-level actions alongside federal ones.
• If the FTC acts first, states cannot sue the same defendant for the same violation while the federal case is pending.
• Definitions:
• "Consumer product" includes items under the Consumer Product Safety Act (everyday household goods), plus devices, cosmetics (from the Federal Food, Drug, and Cosmetic Act), and child restraint systems.
• "Commission" refers to the FTC.

Significant Changes to Existing Law

This bill introduces a new federal prohibition specifically targeting gender-based pricing disparities, which were not explicitly banned under prior U.S. law. It builds on the FTC Act by classifying these practices as unfair or deceptive, expanding FTC jurisdiction without altering core FTC enforcement tools. It also adds coordinated state-federal enforcement mechanisms, similar to those in other consumer protection statutes, but tailored to this issue.

Potential Impacts

• On Government Agencies: The FTC gains a clear mandate to oversee and enforce pricing equality, potentially increasing its workload and requiring new guidelines or investigations. State attorneys general may see more consumer complaints and litigation opportunities.
• On Citizens: Consumers, particularly women who often face higher prices for similar goods (e.g., personal care items or haircuts), could benefit from more equitable pricing, reducing annual household costs estimated in the hundreds of dollars for affected items. It empowers states to seek direct remedies like refunds.
• On International Relations: Minimal direct impact, though it could influence U.S. trade standards for imported consumer goods, encouraging global companies to standardize pricing to comply with U.S. law.
• On Businesses: Manufacturers and service providers must review and adjust pricing for gender-targeted products/services, potentially increasing compliance costs but fostering market fairness.

Main Stakeholders Affected

• Consumers: Especially women and families purchasing everyday items like razors, shampoo, or dry cleaning services, who may see reduced price discrimination.
• Businesses: Manufacturers, retailers, and service providers (e.g., salons, gyms) selling or offering gender-marketed products/services, who face new compliance and penalty risks.
• Government Entities: The FTC as the primary enforcer; state attorneys general and consumer protection offices, which gain litigation tools.
• Advocacy Groups: Organizations focused on gender equality and consumer rights, which may support or monitor implementation.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens consumer protection by integrating gender equity into federal trade law, potentially leading to class-action lawsuits or FTC rulemaking. The "substantially similar" standard provides clear criteria to avoid overly broad enforcement but may invite disputes over what qualifies as a "substantial" difference.
• Constitutional: Could face challenges under the Equal Protection Clause of the 14th Amendment if seen as favoring one gender, though it promotes neutrality in commerce. It aligns with anti-discrimination principles without creating new protected classes.
• Political: As a bipartisan-introduced bill (though primarily by Democrats), it highlights gender equity in economic policy, potentially influencing future consumer laws. Referred to the House Committee on Energy and Commerce, passage could signal broader support for addressing subtle market biases.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Torres, Norma J. [D-CA-35]

Cosponsors (19)

Rep. Castor, Kathy [D-FL-14], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Kelly, Robin L. [D-IL-2], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Brownley, Julia [D-CA-26], Rep. Moore, Gwen [D-WI-4], Rep. McGovern, James P. [D-MA-2], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Frankel, Lois [D-FL-22], Rep. Jayapal, Pramila [D-WA-7], Rep. Titus, Dina [D-NV-1], Rep. Dean, Madeleine [D-PA-4], Rep. Beyer, Donald S. [D-VA-8], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Wasserman Schultz, Debbie [D-FL-25], Rep. Khanna, Ro [D-CA-17], Rep. Chu, Judy [D-CA-28], Rep. Beatty, Joyce [D-OH-3], Rep. Omar, Ilhan [D-MN-5]

Recent Actions

• 2025-05-13: Referred to the House Committee on Energy and Commerce.
• 2025-05-13: Introduced in House
• 2025-05-13: Introduced in House

Bill Versions

• Pink Tax Repeal Act — issued 2025-05-13 — PDF (7 pages)