Bipartisan legislation would ban sales tax on menstrual products

Advocates for the elimination of the so-called pink tax view it from two perspectives.

On one hand, getting rid of the 5% sales tax on essential menstrual health products directly benefits women struggling economically. 

But they also see it as a discrimination issue, given that the tax falls directly and exclusively on women.

Rep. Lee Snodgrass, at a press conference on Monday morning introducing a bill to eliminate the sales tax on such products as tampons, pads, period underwear and menstrual cups, highlighted just how bipartisan the issue is when she quoted one of the most conservative governors in the country, Texas’ Greg Abbot.

“These are essential products for women’s health and quality of life,” Abbot said after Texas passed legislation ending taxes on such products in 2023.

But Wisconsin remains one of only 18 states yet to pass a ban on the tax. Snodgrass, a Democrat from Appleton and Sen. Rachel Gabral-Guevara, a Republican from Appleton, seek to make Wisconsin the 33rd state with their proposal.

“The American Medical Association has deemed medical menstrual products essential for women's health and has called the tampon tax a regressive penalty that disproportionately burdens those who can least afford it,” Snodgrass said. “The sales tax on menstrual products treats individuals differently based solely on their sex. Constitutional law scholars from across the country, including the dean of UC Berkeley Law School, have argued that the tampon tax amounts to sex based discrimination. 

“It is time to end the pink tax.”

Snodgrass argued that the savings to women and girls living in poverty “is not insignificant.” Many of those women, she went on to say, are forced to choose between these essential products and food, medication or other necessities. Eleven percent of women and children in Wisconsin live in poverty, she said, arguing that the legislation would benefit a large number of people.

Meanwhile, the loss to the state in revenue is estimated to be anywhere from $4-7 million, or about one-half of one percent of the overall budget.

Julie Keller, executive director of the Women’s Fund for the Fox Valley Region, also spoke, arguing that “period poverty is real.

“It affects women and girls across Wisconsin, from students to working parents and individuals on limited incomes,” she went on. “The five percent tax rate is the same as on luxury items. Well, menstrual products are not luxury items. They are a necessity for a wide variety of people.”

Gov. Tony  Evers proposed eliminating the pink tax when he offered his biennial state budget to the legislature last year. But the GOP-led Joint Finance Committee pulled it. That’s when Snodgrass and Guevara went to work on this standalone bill. 

“The budget is controlled by the majority party,” Snodgrass said when asked if she thought the legislation would get a hearing and a vote before the legislative session ends in a few weeks. “Republicans have been putting through quite a number of bills recently. We’ve seen that when they have the will, they have the way. So I would say if this is something they want to get done, they can certainly do it this session.”

Snodgrass warned that states have taken other measures when the legislatures failed to act.

“A group out of New York has successfully sued states who still have this tax because it is constitutionally discriminatory,” she said. “So if Wisconsin doesn't do something, they might be forced to do something in the courts.”

In 2016 the state of New York was sued over the pink tax, leading to legislation that ultimately eliminated it.

Keller, who also sits on the steering committee of The Monthlies Project, which offers free menstrual products to school-aged students in the area, said the ramifications for students are heightened, given that a reported 84% have missed or know someone who missed school because of a lack of menstrual products. And, she said, discrimination is at the heart of it.

“Yes, it really is a gender inequality issue,” she insisted. “As Representative Snodgrass said, it's the only tax that focuses on gender. And so it's really all about, how can we raise awareness of this and say this isn't fair? We don't ask students to bring their own toilet paper or their own paper towels, but to bring their own menstrual products. So how can we make sure that students and everyone has what they need?”

Bipartisan legislation would ban sales tax on menstrual products © 2026 by Kelly Fenton is licensed under CC BY-NC-ND 4.0