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Court papers note that the Empire State does not tax medical items such as Rogaine, foot powder, dandruff shampoo, ChapStick, facial wash, adult diapers and incontinence pads.
But medical items used only by women tampons and sanitary pads are taxed.
The departments double standard for men and women finds no support in the tax law and serves no purpose other than to discriminate, the suit says.
It is . . . undisputable that tampons and sanitary pads serve multiple medical purposes. They are not luxury items, but a necessity for womens health.
The average woman spends at least $70 per year on tampons and pads, according to court papers, earning the state a total of $14 million in taxes each year.
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One of the plaintiffs, Catherine ONeil, 43, said the tax hits poor women especially hard
Its a regressive tax. Poor women dont have the ability to buy tampons in bulk. They buy in small packages and thus they are taxed more, she said.
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Gov. Cuomo, the father of three girls, signaled the end of the tax was near.
We agree that sales tax on these products should be repealed and will work with the legislature to do so, Cuomo spokeswoman Dani Lever said.
The push to end the taxing of tampons has gained traction in several states, including California.
