Pink Tax Repeal Act: A New Law to Combat Gender-Based Pricing

On May 13, 2025, the House of Representatives introduced the Pink Tax Repeal Act (H.R. 3374), a new law aimed at combating gender-based pricing in consumer products and services.

What is the Pink Tax?

The term “Pink Tax” refers to the practice of charging different prices for similar products based on gender. This phenomenon affects women disproportionately, with some studies suggesting that women pay up to 39% more than men for the same product.

The New Law: Key Provisions

Prohibition on Gender-Based Pricing

Section 2 of the Pink Tax Repeal Act prohibits any person from selling or offering for sale consumer products or services that are substantially similar if they are priced differently based on gender.

(a) Consumer Products: It shall be unlawful for any person to sell or offer for sale in interstate commerce any two consumer products from the same manufacturer that are substantially similar if such products are priced differently based on the gender of the individuals for whose use the products are intended or marketed.
(b) Services: It shall be unlawful for any person to sell or offer for sale any services that are substantially similar if such services are priced differently based on the gender of the individuals for which the services are performed, offered, or marketed.

Enforcement and Penalties

The Federal Trade Commission (FTC) will be responsible for enforcing this new law. Violators may face penalties and fines, as well as privileges and immunities under the FTC Act.

Differences in Treatment of State Attorneys General

Civil Actions by State Attorneys General

In any case where the attorney general of a state has reason to believe that an interest of the residents of the state has been or is adversely affected by a violation of subsection (a), the attorney general may bring a civil action on behalf of the residents in an appropriate district court.

Notice to the Commission

The attorney general must notify the FTC in writing that they intend to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. The notice must include a copy of the complaint to be filed to initiate such civil action.

Intervention by the Commission

The FTC may intervene in any civil action brought by the attorney general of a state under this section and file petitions for appeal of a decision in such action.

Differences in Treatment of Other State Officials

Civil Actions by Consumer Protection Officers

Any other consumer protection officer of a state who is authorized to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by an attorney general.

Savings Provision

Nothing in this subsection may be construed to prohibit an authorized official of a state from initiating or continuing any proceeding in a court of the state for a violation of any civil or criminal law of the state.

Differences in Treatment of Definitions

Collections

The term “Commission” means the Federal Trade Commission. The term “consumer product” has the meaning given such term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052); includes a device or cosmetics, as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321); and includes a child restraint system, as such term is defined in section 571.213 of title 49, Code of Federal Regulations.