Women in Cleveland, Ohio, have sued the Ohio Department of Taxation for the “discriminatory” sales tax on feminine products.
The lawsuit demands a “refund of at least $11 million per year to female customers.”
“These are not luxury items and should not be taxed,” said state Rep. Kristin Boggs. “This is another tax that they have to pay that there’s no similar association for men that have to pay it.”
The claim insists the tax “violates the equal protection clauses of both the United States and Ohio constitutions.”
Ohio does not tax “products necessary to human health such as prescription drugs and durable medical equipment.” The state chose not to exempt feminine hygiene products even though the FDA labels them as “medical devices.”
“I think there is a lack of understanding that they are medically necessary products and I think that as such they should not be taxed,” continued Boggs. “Women need these products. They need them every month.”
The lawsuit also states that women spend at least $70 every year on the products, which “equals about $4 in taxes annually, depending on local taxes.” The department makes $11 million on these taxes every year.
“I don’t believe we should be taxed on something that’s a necessity,” said Carly Czuba, who resides in Columbus.